Court allowed application to bring legal heirs on record, holding lockdown period excluded from limitation per Supreme Court ruling. Also held right to sue survives after setting aside judgment.
Application allowed; amendment ordered on or before 09-12-2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
906 CIVIL APPLICATION NO.12930 OF 2021 IN SA/330/2017
MOHAMMED JAKIODDIN SHAIKH AHMED LRS MOHAMMED NAIMATULLA AND ANOTHER VERSUS
NAGU RAGHU JADHAV AND OTHERS
Advocate for Applicants : Mr. Ansari A. N.
CORAM : SMT.VIBHA KANKANWADI, J.
DATE : 03-12-2021.
ORDER :
2
CA 12930-2021
appeal filed by the original defendants appear to be allowed, thereby setting aside the Judgment and decree passed by the Trial Court. Under such circumstances the right to sue survives.
(SMT. VIBHA KANKANWADI) JUDGE
vjg/-
2 issues framed by the court
Whether the period of delay in bringing legal heirs on record should exclude the lockdown period.
Whether the right to sue survives when the original appeal was allowed.
Colour shows how this judgement treated each authority
Misc. Application No.665 of 2021 in SMW(C) No.3 of 2020 dated 23-09-2021Referred¶9
1 provisions across 1 enactments
MOHAMMED JAKIODDIN SHAIKH AHMED LRS MOHAMMED NAIMATULLA AND ANOTHER
NAGU RAGHU JADHAV AND OTHERS
VIBHA KANKANWADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
