Bombay High CourtCA/15434/2017admittedallowedgrantedrule absolute

Mumtazjahan Begum Shaikh Basir v. Syed Sher Ali Syed Ali Died Through Lrs Azhar Ali And ORS

2017-12-22Hon'Ble Shri Justice Ravindra V. Ghuge5 pages

*1* CIVIL APPLICATION NO. 15434 OF 2017 WITH CIVIL APPLICATION NO.15437 OF 2017 IN Shri V.S.Badakh, Advocate for the Applicant.

The Applicant/ original Appellant prays for issuance of notice to those Respondents mentioned in these two Civil Applications with a further prayer that the Appellant would serve these Respondents by paper publication.

It is clarified that though the name of the newspaper Marathi daily "Punyanagari" is mentioned in the Civil Applications, the Applicant states that daily "Sakal" has a larger circulation. Considering the above, both these Civil Applications are allowed. Issue notice in the Second Appeal to the Respondents mentioned

*2* in these two Civil Applications, returnable on 02.02.2018. The Applicant/ Appellant shall have these notices published in Marathi daily "Sakal", Aurangabad Edition at least three weeks prior to the returnable date and shall place the copy of the newspaper publication on record to evidence the same.

If this order is not implemented, these two Civil Applications shall stand rejected and the Second Appeal shall then stand abated as against the deceased Respondents mentioned in these two Civil Applications.

*3* CIVIL APPLICATION NO. 15431 OF 2017 WITH CIVIL APPLICATION NO.15433 OF 2017 WITH CIVIL APPLICATION NO.15435 OF 2017 WITH CIVIL APPLICATION NO.15436 OF 2017 WITH CIVIL APPLICATION NO.15438 OF 2017 WITH CIVIL APPLICATION NO.15439 OF 2017 WITH CIVIL APPLICATION NO.15441 OF 2017 WITH CIVIL APPLICATION NO.15442 OF 2017 WITH CIVIL APPLICATION NO.15443 OF 2017 IN Shri V.S.Badakh, Advocate for the Applicant.

All office objections shall be removed on or before 12.01.2018, failing which, all such Civil Applications, if suffer from non

*4* removal of office objections, shall stand dismissed without reference to the Court with effect from 15.01.2018.

In all these Civil Applications, the Applicant/ original Appellant prays for bringing the legal heirs of the deceased Respondent Nos.4, 6, 5, 2A, 1, 10, 8, 9 and 3, respectively, on record. Delay caused in filing these Civil Applications is in between 10 years to 20 years. If the direction contained in paragraph 1 above is complied with, issue notice to the legal heirs of the deceased Respondents mentioned in these Civil Applications, returnable on 09.02.2018. Humdast is granted, on request.

*5* Shri V.S.Badakh, Advocate for the Appellant.

Since the notices have been issued in various Civil Applications today and since time to serve the legal heirs is granted till the returnable date 02.02.2018, the Second Appeal would not be ready for final hearing on 12.01.2018, the same shall be listed on 09.02.2018.