Partly allowed

Shaikh Rasool Abdul Saheb Mujawar and Others. v. Hamidabegum Abdul Samadkhan Thro.G.P.a.

Bombay HC13 Jan 2023CA/732/1995

Case brief

AI extract

What is this about?

This application was filed to condone a delay in filing and permit bringing legal representatives of a deceased appellant on the record of a related second appeal. The court allowed the application and listed the matter for final hearing. It also allowed a separate application for stay.

What did the court decide?

Added prayer clauses B and C were allowed. Necessary amendment to be made within two weeks. Stay order of 06-02-1995 was allowed to continue.

Shaikh Rasool Abdul Saheb Mujawar and Others… — Civil Procedure and Limitation | Bombay HC (2023)

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33-CA-4772-2020

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SGA

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 4772 OF 2020

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SECOND APPEAL NO.36 OF 1995

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WITH

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CIVIL APPLICATION NO. 732 OF 1995 IN

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SECOND APPEAL NO. 36 OF 1995

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Sk. Rasool Sk. Abdul Saheb (Died) Through his L.Rs. and others

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… Applicants

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Versus

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Hamida Begum Abdul Samad Khan Died through her L.Rs. 1(i) Zakir Samadkhan Pathan and others

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… Respondents

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Mr. M.M. Patil Beedkar – Advocate for applicants Mrs. A.N. Ansari – Advocate for respondent No.1(i) to 1(vi)

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… CORAM : GAURI GODSE, J. DATE : 13^th January, 2023

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PER COURT :

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Civil Application No. 4772 of 2020 :

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This application is for bringing on record the heirs and legal

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representatives of appellant no.1b. Mrs. Ansari, learned counsel appears for the respondents.

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1/3

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33-CA-4772-2020

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For the reasons stated in the application, the application is allowed in terms of prayer clauses “B” and “C”, which read thus:-

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“B) Delay of 1148 days in filing this Civil Application may kindly be condoned.

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C) The applicants may be permitted to bring Legal Representative of appellant no.1b in Second Appeal no.36/1995 i.e. as per details mentioned in para no.3 of this Civil Application on record of Second Appeal no. 36/1995 as legal representatives of late Ajim Raool Mujawar”.

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Necessary amendment to be carried out within two weeks from today.

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List the second appeal for final hearing in a week commencing from 30^th January, 2023.

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Civil Application No. 732 of 1995 :

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This application is for stay to the impugned judgment and decree. Second Appeal is already admitted and interim stay was granted on 6^th February, 1995. Hence the order dated 6^th February, 1995 to continue during the pendency of the second appeal.

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2/3

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33-CA-4772-2020

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Civil application No.732 of 1995 is allowed, in terms of order

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dated 6^th February, 1995.

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[ GAURI GODSE ] JUDGE

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Shaikh Rasool Abdul Saheb Mujawar and Others. v. Hamidabegum Abdul Samadkhan Thro.G.P.a.

Case brief

What is this about?

What did the court decide?

Shaikh Rasool Abdul Saheb Mujawar and Others. v. Hamidabegum Abdul Samadkhan Thro.G.P.a.

Case brief

What is this about?

What did the court decide?

What the court decided

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