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Bombay High CourtCAS/1391/2018

Mr. Gausmahammad Sayyad Bagnikar v. Mr. Guffar Hamid Butler

2018-10-17Hon'Ble Shri Justice K. K. Sonawane1 pages

5.CAS.1391.18 in SA.432.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1391 OF 2018 IN SECOND APPEAL NO. 432 OF 2014 Gausmahammad Sayyad Bagnikar since deceased through his LR's Mumtaz Gausmahammed Bagnikar & Ors.

... Applicants V/s.

Guffar Hamid Butler ... Respondent Ms. Akansha Helaskar i/b Mr. A.M. Kulkarni for the Applicants. Mr. Padmanabh D. Pise for Respondent No.1.

CORAM :

K.K. SONAWANE, J.

DATE :

17th OCTOBER, 2018.

P.C. :

Heard the learned Counsel for the Applicants and the learned Counsel for Respondent No.1. In view of reasons mentioned in the Application, there is no impediment to allow the Applicant Nos.1A to 1E to pursue the present proceeding filed by the deceased Gausmahammad Sayyad Bagnikar. Hence, the Application stands allowed in terms of prayer clause (b). The Respondent­husband has no objection to allow the Application. The Applicant Nos.1A to 1E are hereby permitted to substitute themselves as an Appellants in place of deceased Appellant Gausmahammad Sayyad Bagnikar. The Applicants to carry out the requisite amendment within a period of two weeks.

Accordingly, the Civil Application stands disposed of. (K.K. SONAWANE, J.) Waghmare 1/1