Shaikh Rasool Abdulsaheb Mujawar And Othrs. v. Hamidabegum Abdul Samad Khan Thro.G.P.A.

35-ca-10486-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10486 OF 2023 IN SA/36/1995 SHAIKH RASOOL ABDULSAHEB MUJAWAR AND OTHERS

VERSUS

HAMIDABEGUM ABDUL SAMAD KHAN THRO.G.P.A.

...

Advocate for Applicants : Ms. Sawari Patil h/f Mr. M.M. Patil Beedkar Advocate for Respondent Nos.1(i) To 1(vi) : Ms. A.N. Ansari ...

CORAM : S.G. MEHARE, J.

DATED : AUGUST 21, 2023 PER COURT:- 1.

Heard the respective counsels.

2.

There is no dispute that the proposed legal heirs are the legal representatives of respondent no.1(ii). The appeal was already admitted and listed for final hearing. Since there is no dispute about the heirship of the deceased, no harm shall be caused to the legal heirs. Hence, the following order :

ORDER

(i) The application is allowed.

(ii) The proposed legal heirs of deceased respondent no.1(ii) be brought on record. Necessary amendment be carried out on or before 12.09.2023.

(iii) List the appeal for final hearing on 12.09.2023. (S.G. MEHARE, J.) Mujaheed//