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Rumana Mohammed Jhanjharya and 2 Ors… — Civil Procedure and Limitation | Bombay HC (2023)

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Bombay HC
2023
Rumana Mohammed Jhanjharya and 2 Ors. (Applicants) VRumana Mohammed Jhanjharya and 2 Ors. (Applicants) v. Mohamm

Allowed

Rumana Mohammed Jhanjharya and 2 Ors. (Applicants) v. Mohammed Abbas Jhanjhariya and Ors.

Bombay HC13 Jun 2023IA/1954/2021

Case brief

AI extract

What is this about?

The single judge allowed the interim application to bring legal heirs of a deceased petitioner on record, holding that the appeal from the Supreme Court's suspension of limitation due to the COVID-19 pandemic precluded any delay. The application was disposed of with 14 days for amendment and no order as to costs.

What did the court decide?

Interim application allowed; amendment to be carried out within 14 days; no order as to costs.

What the court decided

AI extract

Outcome

Interim application allowed; amendment to be carried out within 14 days; no order as to costs.

Issue for consideration

Whether the filing of the interim application to bring legal heirs of deceased petitioner on record is restrained due to delay.

Detailed headnote1 paragraphs

In an interim application to implead legal heirs of a deceased petitioner, the High Court held that the suspension of limitation orders by the Supreme Court during the COVID-19 pandemic meant there was no delay in filing the application. Petitioners are directed to amend pleadings within 14 days.

A compact analysis

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.

A

912-wp-465-2014.doc

Sonali

Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date: 2023.06.13 17:19:54 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 1954 OF 2021

IN

WRIT PETITION NO. 465 OF 2014

Rumana Mohammed Jhanjharia & Ors. ...Applicants

In the matter of Mohammed Abbas Jhanjhariya & Ors. ...Petitioners Versus Mr. Shabbir Abbas Jhanjharia & Ors. ...Respondents

Mr. Shreyansh Dassani, a/w. Sakil Ansari, i/b. ASA Legal, for the Applicants.

Mr. Mawraj Nair a/w. Bhuver Thakkar, i/b. Malvi Ranchoddas & Co., for Respondent No.1.

Mr. Yatin R. Shah, for Respondent Nos. 2, 3 and 4.

Mr. Milind More, Additional Government Pleader, for the RespondentState.

CORAM : MADHAV J. JAMDAR, J. DATED : 13^th JUNE 2023

P.C. :

This Interim Application is taken out for bringing on record the

legal heirs of deceased Petitioner No.1. Deceased Petitioner No.1 passed

1/2

912-wp-465-2014.doc

Sonali

away on 8^th April 2021 and the present Interim Application is taken

out on 24^th August 2021.

Mr. Shreyansh Dassani, learned counsel appearing for the Applicants states that due to COVID-19 pandemic, the Supreme Court has suspended the limitation period from 15^th March 2020 till 28^th February 2022. Therefore, there is no delay in filing this application.

Learned counsel appearing for the Respondents oppose the application. However, as there is no delay in filing the application, the same is allowed in terms of prayer clauses (a) and (b).

Amendment be carried out within a period of 14 days from today.

The Interim Application is disposed of in above terms with no

order as to costs.

[MADHAV J. JAMDAR, J.]

2/2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the filing of the interim application to bring legal heirs of deceased petitioner on record is restrained due to delay.

Parties & counsel

AI extract

respondent
Mr. Shabbir Abbas Jhanjharia & Ors.

Coram

AI extract

Madhav J Jamdar

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 13 Jun 2023 · June
Registered: 3 Sept 2021
Case no.: IA/1954/2021
CNR: HCBM020189202021
Topic: Civil Procedure and Limitation
Bench: Madhav J. Jamdar
Disposal: DISPOSED OFF

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Cite this judgement

Rumana Mohammed Jhanjharya and 2 Ors. (Applicants) v. Mohammed Abbas Jhanjhariya and Ors., IA/1954/2021 (BOM), decided on 13 June 2023.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Madhav J Jamdar

Parties & counsel