Mohammed Arif Shafeeq Ahmed Patel v. State Of Maharashtra And ORS.

44_IA_13060_24.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Priya Kambli CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13060 OF 2024 IN WRIT PETITION NO. 5205 OF 2016 Mohammed Arif Shafeeq Ahmed Patel ...

Applicant/ Vs.

Petitioner The State of Maharashtra and others ...

Respondents Mr. Ratnesh Dube (through video-conferencing) a/w. Ms. Divya Shrivastava and Mr. Abdul Ahad for petitioner. Mr. Sanjay D. Rayrikar, AGP for respondent No.1-State. CORAM : GAURI GODSE, J.

DATE :

01st AUGUST 2025 ORDER :

1.

Issue notice to respondent Nos.2a to 2i. The notice is made returnable on 21st November 2025. In addition to the Court notice, learned counsel for the petitioner to serve the said respondents by private service and file service affidavit before the next date.

Digitally signed by PRIYA KAMBLI Date:

2025.08.04 12:30:59 +0530 PRIYA KAMBLI 2.

Learned counsel for the petitioner submits that the application for bringing on record the names of the heirs and legal representatives of the deceased respondent no.2 is 1/2

44_IA_13060_24.docx filed in the Trial Court. However, in view of the stay granted by this Court, the application has still remained pending. 3.

It is therefore clarified that the stay granted by this Court on 29th April 2016 shall not preclude the Trial Court from deciding the application to bring on record the heirs and legal representatives of the deceased respondent no.2. The order of stay granted on 29th April 2016 is modified by passing the following order:

(a) The Trial Court shall defer the hearing of the suit beyond the date assigned by this Court. However, the Trial Court shall decide the application to bring on record the names of the heirs and legal representatives of the deceased respondent no.2.

4.

Learned counsel for the petitioner shall ensure that the copies are supplied and Court notices are issued by taking Humdast.

[GAURI GODSE, J.] 2/2