Shaila Sampat Belote (Died) Thr Lrs Prasad And ORS v. Sayyed Iliyas Sayyed Nizamuddin And ANR

1003- C. A. No. 10688-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10688 OF 2022 IN FIRST APPEAL NO. 4342 OF 2017 SHAILA SAMPAT BELOTE DIED THR LRS PRASAD AND OTHERS

VERSUS

SAYYED ILIYAS SAYYED NIZAMUDDIN AND ANOTHER ....

Advocate for respondent No.2 : Mr. A.S. Usmanpurkar ...

CORAM : S. G. DIGE, J.

DATE : 19.07.2022 PER COURT :- Heard learned counsel for the applicant and learned counsel for respondent.

2.

Learned counsel for the applicant submits that respondent No.1 and 5 Shaila and Shevantabai died during the pendency of the appeal. Her legal heirs are already on record. There is delay of 38 days for fling this application. Hence direction be given to the appellant to make necessary correction in the title clause of the appeal. 3.

Considering submissions of both learned counsel and reasons mentioned in the application, application is allowed in terms of prayer clause 'E' and 'F'.

1003- C. A. No. 10688-2022.odt 4.

Necessary correction be made within two weeks. Necessary amendment be done in the appeal as well as application.

( S.G. DIGE,) JUDGE ysk