Mohd. Iqbal Patel Since Deceased Thr. Lrs. 1a) Mohd Afzaal S/O. Iqbal Patel And ORS. v. Municpal Corporation For Greater Mumbai

20-ia-15124-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15124 OF 2024 IN FIRST APPEAL NO.583 OF 2001 Mohd. Iqbal Patel (since deceased) through LR Mohd, Afzaal s/o. Iqbal Patel & Others ..

Applicants.

by SMITA RAJNIKANT JOSHI Date: 2025.09.26 18:35:37 +0530 SMITA RAJNIKANT JOSHI In the matter between Mohd. Iqbal Patel ..

Appellant.

v/s.

Municipal Corporation of Greater Mumbai ..

Respondent.

Adv. Y. E. Mooman, for the Applicants/ Appellant. Adv. Pallavi Khale i/b. Adv. Komal Punjabi, for the Respondent-BMC. CORAM: FIRDOSH P. POONIWALLA,J.

DATE : 25th SEPTEMBER, 2025.

P. C:- By an Order dated 3rd July, 2024 passed by this Court, the present Appeal was dismissed as abated and liberty was granted to file Application for setting aside the abatement order. It is in these circumstances that the present Interim Application has been filed for setting aside the Order of abatement and for condoning the delay in filing the present Interim Application. S.R.JOSHI

20-ia-15124-2024.doc The learned Advocate appearing on behalf of the RespondentCorporation vehemently opposed the granting of any relief in this Interim Application.

I have perused the Interim Application. In my view, the Applicants have made out a sufficient case for condoning the delay in filing the present Interim Application and for setting aside the abatement of this Appeal.

In these circumstances, the following order is passed:- (a) The delay in filing this Interim Application is condoned; (b) The abatement of the Appeal is set aside;

(c) The Applicants are permitted to be brought on record in place of the Appellant in the Appeal;

(d) Amendment to be carried out within a period of three weeks from today and amended copy served on the Respondent by that date; (e) The Interim Application is disposed of.

(FIRDOSH P. POONIWALLA,J.) S.R.JOSHI