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Bombay High CourtCA/16732/2022application allowed

Shamshoddin Amir Khan Died Lrs Niyamatbi And Others v. Moula Maheboob Khan And Others

2022-12-21Shri Vimalnath S. Tiwari (Registrar Judl.)2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO.16732 OF 2022 IN SA/377/2014 SHAMSHODDIN AMIR KHAN DIED LRS NIYAMATBI AND OTHERS

VERSUS

MOULA MAHEBOOB KHAN AND OTHERS ...

CORAM: ANAND L. YAWALKAR I/c. REGISTRAR (JUDL) DATED: 21/ 12/2022 1.

The present Civil Application is preferred by the applicants to bring on record legal heir of appellant No. 2 i.e. Nizam Shamshoddin, who expired on 01.11.2022. In support of averments in the application, the death certificate of appellant no.2 is filed on record at Exh. '

A-1'

. Upon perusal of which it is evident that the appellant No. 2 expired on 01.11.2022 and the present Civil Application is filed on 21.11.2022 which is within the period of limitation. 14 CIVIL APPLICATION NO.16732 OF 2022

2.

Thus, considering above and by virtue of the provisions under Chapter II rule 3(i) sub rule (i) of the Bombay High Court Appellate Side Rules, the application is allowed. The necessary amendment be carried out within the stipulated period.

I/c. REGISTRAR (JUDL) 14 CIVIL APPLICATION NO.16732 OF 2022