Haji Abdul Sattar Makabulsaheb Besakr Since Deceased Through Legal Representatives v. Abdul Manhan Makbulsaheb Beskar

911-IA-10730-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10730 OF 2025 IN SECOND APPEAL NO.816 OF 2004 Haji Abdul Sattar Makabulsaheb Beskar (Since deceased through legal representatives) 1A. Mumataz Begaum Haji A. Sattar Beskar (deceased through legal heirs) Mohammad Shafi Haji Abdul Sattar Beskar & Ors.

...Applicants

Versus

Abdul Manhan Makbulsaheb Beskar

...Respondent

Mr. Avesh A. Ghadge i/b. Mr. A. M. Kulkarni, for the Applicant. Mr. Zaeem Kharadi i/b. Mr. I. M. Khairadi, for the Respondent.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

8th AUGUST 2025 P. C.:

1.

This Interim Application is taken out seeking recall of the order dated 13th December 2023 passed by the learned Registrar (Judicial-II) and restore the Second Appeal No.816 of 2004. 2.

Mr. Zaeem Kharadi, learned Counsel appearing for the Respondent strongly opposes the Interim Application. Digitally signed by SONALI MILIND PATIL Date:

2025.08.11 10:04:13 +0530 SONALI MILIND PATIL Sonali

911-IA-10730-2025.DOC 3.

However, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (b), (c), (d) and (e). 4.

The relief is granted on the condition that the office objections shall be removed within a period of six months from today. Amendment be also carried out in terms of prayer clause (e) within a period of six months from today.

5.

Accordingly, the Interim Application is disposed of in above terms with no order as to costs.

6.

As the Second Appeal is restored to the file of this Court, interim order, if any, also stands restored.

[MADHAV J. JAMDAR, J.] Sonali