Suresh Machhrumal Goklani v. Raziya Begum Sk. Iqbal Ahmed Thro. Sk. Iqbal Ahmed Sharfuddin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.7882 OF 2021 IN SA/250/2018 SURESH MACHHRUMAL GOKLANI

VERSUS

RAZIYA BEGUM SK. IQBAL AHMED ...

Mr. S.H. Jagiasi, Advocate for the applicant Mr. A.D. Kasliwal, Advocate for the sole respondent ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE :

12th AUGUST, 2021.

PER COURT :

Learned Advocate Mr. A.D. Kasliwal has instructions to appear for the proposed legal representative of the sole respondent. He may file Vakalatnama within two weeks.

Present application has been filed for bringing the legal representative of the sole respondent on record. It is stated that the respondent is survived by her husband. The respondent has expired on 17.04.2021 and the application is within limitation. Respondent had filed suit for perpetual injunction restraining the present applicant and then it is

CA_7882_2021 stated that it was withdrawn and thereafter again Regular Civil Suit No.275/2003 was filed for possession and injunction. The suit was dismissed. However, her appeal came to be allowed. Under such circumstance, the right to sue survives. It is necessary to bring the legal representative of the sole respondent on record. Hence, the application stands allowed. The necessary amendment be carried out within a period of two weeks.

( Smt. Vibha Kankanwadi, J. ) agd