Abdul Gani Nabi Attar (Deceased Thr. Lrs 1. Harun Abdulgani Attar And ANR.) v. Smt. Jaitunbai Rasul Attar And ORS.

25.729.17 sa.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 729 OF 2017 WITH CIVIL APPLICATION NO. 1009 OF 2016 IN SECOND APPEAL NO. 729 OF 2017 Abdul Gani Nabi Attar .....Appellants (Decd. Thr. LRs and anr) Vs.

Smt. Jaitunbai Rasul Attar and ors .....Respondents Mr. Dhananjay A. Utture a/w Mr. Prajakt Arjunwadkar Advocate for the Appellants Mr. Tejpal Ingale a/w Ms. Priyanka Babar a/w Mr. Chaitanya N. Narvekar for respondent nos. 1 to 3 CORAM : GAURI GODSE, J.

DATE :

7th OCTOBER 2024 ORDER:

1.

Learned counsel for the appellants submits that in connected Second Appeal No. 569 of 2016, the impugned judgment and decree IRESH MASHAL in the second appeal is already confirmed. He further submits that Digitally signed by IRESH MASHAL Date:

2024.10.08 14:45:00 +0530 special leave petition challenging the said order is also dismissed. Learned counsel for the appellants thus submits that nothing survives 1/2

25.729.17 sa.docx in the second appeal.

2.

In view of the aforesaid, second appeal is dismissed. 3.

In view of dismissal of second appeal, Civil Application No. 1009 of 2016 is disposed of as infructuous.

[GAURI GODSE, J.] 2/2