Abdul Habib Abdul Rauf (Dead) Thr. Lrs. Sheikh Naeem Abdul Habib And Others v. Kamalbai Wd/O Devidas Shinde And Others

8 cas 258-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 258/2021 IN SECOND APPEALSTAMP NO. 2208/2020 Abdul Habib Abdul Rauf (dead) throguh Sheikh Naeem Abdul Habib and others Vs.

Kamalbai Wd/o Devidas Shinde and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri T.S. Deshpande Advocate for appellants CORAM : SMT. M.S. JAWALKAR, J.

DATE : 16/02/2023 In spite of service to the contesting witnesses, none appears for respondent. It is the contention of the applicant that the father of applicants was arrayed as respondent in the appeal preferred by the original plaintiff. He expired on 08/12/2018. However, for want of knowledge, this fact was not brought to the notice of the learned Appellate Court. As such, names of legal representatives could not be brought on record before the Appellate Court. It is further submitted, being legal legal representatives right to sue survives. As such, leave may kindly be granted to file present appeal against impugned judgment to the legal representatives of the respondent No. 1-C(applicants). Jayashree..

8 cas 258-2021.odt 2.

Considering the reasons, application is allowed. 3.

The applicants are permitted to prefer present appeal substituting names of their father Abdul Habib Abdul Rauf.

4.

Application is allowed.

5.

Leave is granted as prayed.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..