Mehmood S/O Rajmohammad Shaikh (Dead) Through Lrs. Safia Wd/O Mehmood Sheikh And Others v. Mumtaj W/O Rahmatullah Shaikh And Others

2026:BHC-NAG:6511 1 18-CAS-427-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 427 OF 2026 AND CIVIL APPLICATION (CAS) NO. 428 OF 2026 IN SECOND APPEAL NO. 75 OF 2022 MEHMOOD S/O RAJMOHAMMAD SHAIKH Vrs.

MUMTAJ W/O RAHMATULLAH SHAIKH AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S. R. Kumbhalkar, Advocate for applicant. Ms. Alfa Singh, Advocate for non-applicant No.6. CORAM: Y. G. KHOBRAGADE, J.

DATE : 27/04/2026.

1.

In Civil Application (CAS) No.427/2026, the applicant seeks condonation of delay and setting aside the abatement due to death of respondent No.6 - Triratna Keshavrao Gajbhiye who died on 05/06/2018.

2.

In Civil Application (CAS) No.428/2026, by the present application, the applicant - appellant seeks permission to bring legal heirs of deceased - respondent No.6 on record.

3.

Issue notice to the proposed legal heirs of the respondent No.6, returnable on 22/06/2026.

4.

The applicant is permitted to serve the legal heirs of deceased - respondent No.6 by speed post, in addition to regular mode of service.

2 18-CAS-427-2026.odt 5.

At 3.25 p.m., Ms. Alfa Singh, learned counsel appears in the matter and made a statement that she has instructions to appear on behalf of legal heirs of respondent No.6 and waives service.

CIVIL APPLICATION (CAS) NO. 429 OF 2026 6.

By the present application, the applicant / appellant is seeking permission to produce certain documents on record.

7.

Learned counsel appearing for the legal heirs of respondent No.6 has not raised any objection. However, none appears on behalf of other respondents.

8.

Since the applicant wanted to produce certain documents on record in support of his application for Civil Application (CAS) No.272/2022 i.e. application for grant of stay. Therefore, prays for production of certain documents is hereby allowed.

9.

Accordingly, Civil Application (CAS) No.429/2026 stands disposed of.

[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 27/04/2026 20:14:52