Partly allowed

Shaikh Chand Sk.Peeran(Decd)Lrs Shaikh Isa and Ors. v. Ysin Badrudidn(Decd)Lrs Mumtaj Bee and Ors.

Bombay HC4 Jan 2013CA/4988/2001

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed applications for condoning delay and setting aside the abatement of an appeal caused by the death of both the appellant and respondent, reinstating the appeal and directing parties to be brought on record.

What did the court decide?

Civil applications allowed, delay condoned, appeal reinstated, memo to be amended, and appeal listed for hearing.

Shaikh Chand Sk.Peeran(Decd)Lrs Shaikh Isa and… — Civil Procedure and Limitation | Bombay HC (2013)

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904 ca.4988.01 anr

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 4988 OF 2001

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,In SA/462/1991 ,With CA/4984/2001, In SA/462/1991

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SHAIKH CHAND SHAIKH PEERAN (DECD) LRS SHAIKH ISA & ORS VERSUS

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YSIN BADRUDIDN (DECD) LRS MUMTAJ BEE AND ORS

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Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders.

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Advocate for Applicant : P R Patil.

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P.C.

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. Civil Application No.4988 of 2001 is moved for setting aside of abatement of the appeal, which took place due to the death of the Appellant as well as the sole Respondent. This application is moved rather belatedly by the legal representatives of the Appellant. The proposed Respondents are the legal representatives of deceased sole Respondent. They are served, but they are not present here. Civil Application No.4984 of 2001 is moved for condoning the delay in bringing the legal heirs of the Appellant on record.

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904 ca.4988.01 anr

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2 Having heard learned counsel for the Applicants, I am convinced that the delay deserves to be condoned because the legal representatives of the Appellant had justifiable reason for not attending the case in time. The cause of action to continue the appeal survived in their favour.

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3 Accordingly, both the applications are allowed and the same stand disposed of. Delay is condoned. The appeal is reinstated.

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4 Appeal memo shall be amended for inclusion of the names of legal representatives of both deceased Appellant and the sole Respondent.

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5 Amendment shall be carried out within a period of two weeks from today.

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6 The appeal is very old and since it is admitted, it shall be heard on the next date.

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7 Place the second appeal on board for hearing on 5th February, 2013 at 02:30 pm.

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8 Mr. Patil, Advocate undertakes to intimate the next date to the learned counsel, who has filed Vakalatnama for the Respondents.

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[ A.V. NIRGUDE, J ]

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ndm

Shaikh Chand Sk.Peeran(Decd)Lrs Shaikh Isa and Ors. v. Ysin Badrudidn(Decd)Lrs Mumtaj Bee and Ors.

Case brief

What is this about?

What did the court decide?

Shaikh Chand Sk.Peeran(Decd)Lrs Shaikh Isa and Ors. v. Ysin Badrudidn(Decd)Lrs Mumtaj Bee and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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