Smt. Saleha Khatoon D/O Yaqub Ali (Miyan) v. Mohd. Hifzur Rehman S/O Mohd. Abdul Rehman

1/1 10.cas.123.2024 in sast.572.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 123 OF 2024 IN SECOND APPEAL (ST) NO. 572 OF 2021 (Smt. Saleha Khatoon Yaqub Ali (Miyan) V/s Mohd. Hifzul Rehman Mohd. Abdul Rehman) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. A. Choube, Advocate for Appellant.

Mr. T. T. Mirza, Advocate for Respondent No.2(d). ----------

CORAM

: ANIL L. PANSARE, J.

DATE : FEBRUARY 13, 2024.

.

By the present Application, the Applicant - Smt. Faiza Hawa Wahid Ali, who is niece of the original Plaintiff, is seeking relief under Order I Rule 10 of the Code of Civil Procedure, 1908. The Appellant has expired, and accordingly, the learned Counsel for the Appellant seeks permission to add her as a party - Appellant.

2.

As could be seen, the Applicant is claiming right under the Will executed by the Appellant. The Applicant shall, therefore, examine whether she will fall in the category of legal representative or independent party, and accordingly, will consider to seek appropriate relief.

3.

Copy of the Application be served on the other side. (ANIL L. PANSARE, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 13/02/2024 17:36:31