Smt. Safiya Bagam W/O J.A. Kayyum Miyan And Others v. State Of Maharashtra Through Collector, Yavatmal And Others
2025:BHC-NAG:3535-DB 1 964 caf1126.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NOS. 1126, 1127, 1128 OF 2025 IN CIVIL APPLICATION (CAF) NO. 178 OF 2023 IN FIRST APPEAL ST. NO. 13242 OF 2021 EXE.ENGINEER, LAGHU PAT BANDHARE VIBHAG, YAVATMAL
VERSUS
SMT. SAFIYA BAGAM W/o J.A. KAYYUM MIYA AND OTHERS WITH CIVIL APPLICATION (CAO) NOS. 90, 89, 91 and 92 OF 2025 IN CROSS APPEAL (XOB) NO. 13 OF 2023 IN FIRST APPEAL ST. NO. 13242 OF 2021 SMT. SAFIYA BAGAM W/o J.A. KAYYUM MIYA
VERSUS
STATE OF MAH., THRU. DIST. COLLECTOR, YAVATMAL AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. C. J. Dhumane, Advocate for the applicant/appellant Ms. A. N. Kashikar, Advocate for respondent no.1/cross-objector Mrs. H. S. Dhande, A.G.P. for respondent -State and SLAO. CORAM : M. W. CHANDWANI, J.
DATE : APRIL 04, 2025.
1.
It is a common ground in these civil applications that respondent no.1/cross-objector has died and the names of her legal heirs, mentioned in these civil applications are required to be brought on record in the memo of appeal as well as in the cross-objection, since the right to sue survive in their favour.
2.
Therefore, for the reasons mentioned in the applications, the delay in filing applications for bringing
2 964 caf1126.25.odt legal heirs of deceased respondent no.1/cross-objector - Safiya Begum W/o J.A.Kayyum Miyan on record is hereby condoned and permission is granted to bring their names on record. Consequentially, the abatement order in respect of deceased respondent no.1/cross-objector is set aside.
3.
Necessary amendment be carried out by the appellant in the appeal as well as by proposed legal heirs of deceased respondent no.1/cross-objector in the crossobjection within one week. 4.
All the applications (except CAF No. 178/2023), are allowed and disposed of. No costs.
(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 05/04/2025 15:29:15