Mehboob Abdul Hamid Shaikhji v. Parvati Gangaram Mosamkar Decd Thru Lrs (1.A) Anjali Ganpat Paste

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11586 OF 2025 IN WRIT PETITION NO.12437 OF 2019 Mehboob Abdul Hamid Shaikaji ...Applicant

Versus

Parvati Gangaram Mosamkar since deceased through legal heirs Anjiali Ganpat Paste

...Respondent

Mr. Omkar Nagwekar i/b. Ms. Prabha U. Badadare, for the Applicant.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

11th SEPTEMBER 2025 P. C.:

1.

At the outset, learned Counsel appearing for the Applicant seeks leave to correct the name of the Respondent. 2.

Leave as prayed is granted. Amendment be carried out forthwith. Re-verification is dispensed with. 3.

The relief sought in this Interim Application is to recall the order dated 22nd August 2022 passed by a learned Single Judge in this Writ Petition. By the said order dated 22nd August 2022, two

weeks time was granted to furnish complete and detailed address of the Respondent No.1A. Learned Counsel appearing for the Applicant states that inadvertently complete address has remained to be furnished to the registry. He states that during a period of three weeks from today, complete and detailed address of the Respondent No.1A will be furnished to the registry. 4.

It is clear that when the Writ Petition was dismissed, the same was at the pre-admission stage and although notice has been issued to the Respondent, as the complete address has not been furnished, the office has not issued the notice. Thus, it is not necessary to issue notice of this Interim Application to the Respondent.

5.

Accordingly, the Interim Application is allowed in terms of prayer clause (b). Consequently, the order dated 22nd August 2022 passed in the Writ Petition No.12437 of 2019 is recalled and the Writ Petition is restored to the file of this Court.

6.

The Applicant i.e. the original Petitioner shall furnish complete and detailed address of the Respondent No.1A to the registry within a period of three weeks from today. 7.

The Interim Application is disposed of in above terms with no order as to costs.

WRIT PETITION NO.12437 OF 2019:

1.

Issue fresh notice to the Respondent No.1A, returnable on 17th November 2025.

2.

In addition to the Court notice, the Applicant/Petitioner to serve the Respondent No.1A by private service and file affidavit of service before the returnable date.

3.

As the Writ Petition is restored to the file of this Court, adinterim relief granted by order dated 15th July 2022 shall remain in operation till the further orders.

[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.09.12 09:39:50 +0530 SONALI MILIND PATIL