Shaikh Suleman Shaikh Noor And Another v. Fatemabi Shaikh Nabi Since Deceased Through Her L.Rs. Shaikh Salim Shaikh Nabi And Other

2025:BHC-AUG:15279 943 CA 14209-2019

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 14209 OF 2019 IN CIVIL REVISION APPLICATION NO. 153 OF 2019 SHAIKH SULEMAN SHAIKH NOOR AND ANOTHER

VERSUS

FATEMABI SHAIKH NABI SINCE DECEASED THROUGH HER L.RS. SHAIKH SALIM SHAIKH NABI AND OTHERS ...

Mr. A.P. Bhandari - Advocate for Applicants Mr. A.S. Deshmukh - Advocate for Respondent Nos.1-A, 1-C and 1-D Mr. N.E. Deshmukh - Advocate for Respondent Nos.2 and 3 Mr. M.K. Bhosale - Advocate for Respondent No.4 ....

CORAM : SHAILESH P. BRAHME, J.

DATE : 17.06.2025 PER COURT :

1.

The applicants are seeking condonation of delay, setting aside abatement and bringing heirs of deceased respondent 1-B - Shaikh Shamim S/o. Shaikh Nabi on record, which are already mentioned in title clause as respondent Nos.1-B/1 and 1-B/2. 2.

After considering the rival submissions of the parties and for the reasons stated in the application, I am inclining to allow the present application. The cause of action survives against heirs of respondent No.1-B.

3.

Civil Application is allowed in terms of prayer clauses 'B' and 'C'. 4.

Amendment be carried out within the period of two weeks. [ SHAILESH P. BRAHME, J. ] Pooja Kale 1/1