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Bombay High CourtIA/3054/2025allowed

Shri Vinayak Atmaram Katpilwar v. Smt. Alimabai Alibuz (Diseased) Shri Shaikh Ahmed Alibux (Deseased), Mrs Rahana Ahmed Shaikh And An

2025-03-26Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3054 OF 2025 IN CIVIL REVISION APPLICATION NO.216 OF 2017 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 26th March, 2025 None Present.

The learned Advocate for the Applicant has filed this Interim Application for bringing on record the legal representatives of deceased Respondent No.1.

On perusal of application and record, it reveals that death of Respondent No.1 - Mrs.Rehana Ahmed Shaikh occurred on 13/12/2017. The Respondent No.2 is the son of deceased Respondent No.1. The Respondent No.2 is already party to the proceedings. Therefore, the learned Advocate for the Applicant submitted that since the legal heirs of deceased Respondent No.1 is already on record, the Applicant may be permitted to write as "deceased" in front of name of Respondent No.1.

Admittedly, death of Respondent No.1 has been occurred and her legal representative i.e. Respondent No.2 is already on record. In such circumstances, application deserves to be allowed. Hence, the order :-

1) The Interim Application No.3054/2025 is allowed.

2) The learned Advocate for the Applicant is permitted to carry out amendment as prayed.

3) The learned Advocate for the Applicant shall carry out necessary amendment within 02 (two) weeks and file amended copy of Civil Revision Application.

sd/- Registrar (Judl. - II) dsm