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Bombay High CourtCA/2428/2016admittedallowedgrantedrule absolute

Baitulbi Mohammad Ali Died Lrs Sayyad And ORS v. Jubedabi Abbassha Fair And ORS

2017-07-06Hon'Ble Shri Justice Nitin W. Sambre2 pages

2428.16ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2428 OF 2016 IN SECOND APPEAL NO.272 OF 2002 Baitulbi w/o Mohammad Ali died through her legal heirs Sayyad Mohammad Ali Niyaj Ali Age 73 years, Occ: Nil, R/o. Lane No.7, Moglai Dhule, Dist. Dhule & ors ..APPLICANTS

VERSUS

Jubedabi Abbassha Fair Age: 70, Occ: Labourer, R/o. Lane No.7, Moglai Dhule Dist. Dhule & ors ..RESPONDENT Ms Maya R. Jamdhade, Advocate for applicants; Mr K.S. Patil, A.G.P. for respondent No.2 CORAM : N.W. SAMBRE, J.

DATE : 6th JULY, 2017 ORAL ORDER :

Respondent No.1 Baitulbi is reported to be dead, whose legal representatives are sought to be brought on record, by condoning delay.

2.

Since notice is served on proposed legal

2428.16ca (2) heirs of respondent No.1, in my opinion, the application needs to be allowed in terms of prayer clause (B) (C) and (D).

3.

Civil Application is allowed in above terms.

4.

Appropriate amendment be carried out within a period of two weeks from today.

(N.W. SAMBRE, J.) Tupe