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Bombay High CourtIA/2606/2024disposed off

Mohhammed Muzaifa Mohd. Naseem v. Mubarakunnisa Wife Of Mohammed Naseem

2025-12-04Hon'Ble Justice Advait M. Sethna , Hon'Ble Shri Justice M.S. Sonak3 pages

Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.268 OF 2009 IN SUIT NO.2643 OF 1987 Mubarakunnisa wife of Mohammed Naseem ...Appellant

Versus

Moinuddin Mohammed Usman Khan and others

...Respondents

WITH INTERIM APPLICATION [L] NO.32810 OF 2025 WITH INTERIM APPLICATION 2606 OF 2024 WITH INTERIM APPLICATION NO.2607 OF 2024 WITH INTERIM APPLICATION NO.2605 OF 2024 WITH INTERIM APPLICATION NO.2611 OF 2024 WITH INTERIM APPLICATION NO.2612 OF 2024 AMOL PREMNATH JADHAV IN APPEAL NO.268 OF 2009 AMOL PREMNATH JADHAV Date: 2025.12.08 12:39:24 +0530 Mohhammed Muzaifa Mohd.

Naseem ...Applicant

Versus

Mubarakunissa W/o Mohammed Naseem (Since deceased through her Heirs & legal representatives)

...Respondents

______________________________________________________

A. A. Manik, i/b, M G Ansari, for the Appellant. Mr Kunal Damle, i/b, N. R. Gandhi, for the Respondent. ______________________________________________________

CORAM:

M.S. Sonak & Advait M. Sethna, JJ.

DATED:

04 DECEMBER 2025 PC:- 1.

Heard learned Counsel for the parties.

2.

These Interim Applications seek leave to bring on record the legal representatives of the deceased Respondents. 3.

Learned Counsel for the Applicants states that some of these Applications are filed beyond the prescribed period of limitation. But he submits that sufficient cause has been shown.

4.

Accordingly, we condone the delay, set aside the abatement, if any and permit the legal representatives of the deceased Respondents to come on record.

5.

Necessary amendment to be carried out to the cause title within two weeks from today. Within two weeks thereafter, the Appellant must take steps to serve the legal representatives.

6.

Interim Applications are disposed of.

APPEAL NO.268 OF 2009 7.

List the Appeal on 12 February 2026 since leave has been granted to implead the legal representatives of some of

the deceased Respondent and directions have also been issued to serve in this Appeal.

(Advait M. Sethna, J) (M.S. Sonak, J)