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Bombay High CourtCAF/2504/2019allowed

Union Of India Ministry Of Defence New Delhi v. Mohd. Samad Mohd. Ishaque And Others

2024-01-16Hon'Ble Shri Justice G. A. Sanap2 pages

2024:BHC-NAG:638 7 caf 2504.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2504 OF 2019 IN FIRST APPEAL NO.

OF 2002 Union of India, Ministry of Defence, New Delhi .Vs.

Mohd. Samad Mohd. Ishaque through LRs and another. _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N.S. Deshpande, Advocate h/f Mr U.M. Aurangabadkar, Advocate for the appellant.

Mr. A.M. Quazi, Advocate for respondent No.1E(V). CORAM :

G.A. SANAP, J.

DATE :

16/01/2024 Heard.

2.

This is an application for bringing on record legal heirs of deceased respondent No.1 (A), 1(B), 1(C), and 1(E).

3.

The issue of determination of heirship rights of the proposed respondents has been decided by the learned Civil Judge, Senior Division, Nagpur in MCA No.290/2008 vide order dated 05.07.2010. Learned District Judge has held that proposed respondents are the legal heirs of respective deceased-respondents No.1. 4.

In view of this factual position, the application deserves to be allowed.

5.

Accordingly, the application is allowed to bring

7 caf 2504.19.odt the LRs of respondent No.1(A), 1(B), 1(C), and 1(E) on record.

7.

The amendment be carried out within one week from today.

8.

After amendment, issue notice to the newly added respondents/legal heirs, returnable within four weeks.

9.

Application stands disposed of, accordingly.

(G. A. SANAP, J.) manisha