The High Court held that the Writ Petition abated due to the death of the original respondent and the failure to implead heirs. Consequently, the civil application filed to challenge the writ order also abated and was disposed of.
The Civil Application is disposed of as the Writ Petition abated.
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CAW1712.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATIION NO.1712 OF 2016 IN WRIT PETITION NO.4128 OF 2003 WITH WRIT PETITION NO.4128 OF 2003
Mr Jasbirsingh Premsingh Arora and anr. … Petitioners v/s Mr Vasanji Jatashankar Joshi … Respondent
Ms Gauri Shah i/b Mr Surel S. Shah for Petitioners. Mr R.D. Vora for Respondent.
CORAM : B.P. COLABAWALLA, J.
DATE : JUNE 6, 2017
P.C. :
taken on board by consent of parties.
Premsingh Arora expired on 9th March 2012. This fact was informed
to the Petitioner on 18th September 2013 and the names of heirs was also set out in the said letter. Despite this, till date, no steps have
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CAW1712.16
been taken to bring the heirs of the deceased original Respondent on record. In view of the aforesaid, Writ Petition No.4128 of 2003 automatically abates. The interim relief granted in terms of prayer clause (c) of Writ Petition also stands vacated forthwith.
(B.P. COLABAWALLA, J.)
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Jasbirsingh Premsingh Arora and anr.
Vasanji Jatashankar Joshi
B.P. COLABAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
