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Bombay High CourtCA/12154/2024admittedallowedgrantedrule absolute

Dattu Santu Budha Died Lrs. Sudam And ORS v. Ammenabi Mir Hussain Khan Died Lrs. Mahmoodabi And ORS

2024-11-18Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

Tauseef 43-CA.8574.2022.odt IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY BENCH AT AURANGABAD BENCH AT AURANGABAD CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.8574 OF 2022 CIVIL APPLICATION NO.8574 OF 2022 IN IN SECOND APPEAL NO.406 OF 1980 SECOND APPEAL NO.406 OF 1980 Dattu Santu Budha (Died) Dattu Santu Budha (Died) L.Rs. Sudam & Ors.

L.Rs. Sudam & Ors.

...Applicants ...Applicants

Versus

Versus

Ammenabi Mir Hussain Khan Ammenabi Mir Hussain Khan (Died) (Died) through L.Rs.

through L.Rs. Mahmoodabi & Ors.

Mahmoodabi & Ors.

...Respondents

...Respondents

WITH WITH CIVIL APPLICATION NO.12154 OF 2024 CIVIL APPLICATION NO.12154 OF 2024 IN IN CIVIL APPLICATION NO.8574 OF 2022 CIVIL APPLICATION NO.8574 OF 2022 WITH WITH CIVIL APPLICATION NO.8573 OF 2022 CIVIL APPLICATION NO.8573 OF 2022 IN IN CIVIL APPLICATION NO.8854 OF 2015 CIVIL APPLICATION NO.8854 OF 2015 _____________________________________________________ Adv. Preeti Ramrao Wankhade for the Applicants in all the matters. Adv. Faij Khan for Respondent No.1.

Adv. G. R. Sayed h/f. Adv. Rajendra H. Wagh & Adv. Naseem R. Shaik Respondent Nos.1/2-b to 1/2-f & 1/2-hb.

_____________________________________________________ CORAM :

S. G. CHAPALGAONKAR, J.

DATED : 18th NOVEMBER 2024.

P.C.:- 1.

Heard Ms. Preeti Wankhade, learned Advocate appearing for the Applicants. She would submit that Respondent Nos.1/2-g expired on 3rd May 2017. She survived by the legal heirs as shown in paragraph 3 of the application.

Tauseef 43-CA.8574.2022.odt 2.

Considering the submissions advanced, issue notice to proposed legal heirs of Respondent Nos.1/2-g as shown in paragraph 3 of the application.

3.

Notice to be made returnable on 27th January 2025. 4.

Applicants are at liberty to serve proposed legal heirs by alternate mode like registered post in M5. Affidavit of service be served before the returnable date.

5.

Interim relief, if any, to continue till then. (S. G. CHAPALGAONKAR, J.)