Dismissed

Mohammed S/O Mohiuddin Shaikh Deceased Lrs. Jamadar and Others v. Farid Haseen Shaikh Deceased Lrs. Doulatbi and Others

Bombay HC12 Jan 2024CA/11800/2023

Case brief

AI extract

What is this about?

The court considered an application to restore a previously dismissed civil application. It condoned the delay of 724 days and set aside the dismissal order, directing the applicants to remove registration objections within two weeks.

What did the court decide?

Delay condoned; order dated 25.08.2021 set aside; Civil Application St. No.7004 of 2020 restored to original stage.

Mohammed S/O Mohiuddin Shaikh Deceased Lrs… — Civil Procedure and Limitation | Bombay HC (2024)

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913-ca11798.23.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 11800 OF 2023 IN CIVIL APPLICATION ST. NO. 7004 OF 2020 IN SECOND APPEAL NO. 357 OF 1994

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Mohameed s/o Mohinuddin Shaikh through L.Rs. & others Applicants

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Versus

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Fakir Hassen Shaikh through LRs and others Respondents

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Mr. V. R. Dhorde, advocate for the Applicants Mr. Rahil R. Kazi, advocate holding for Mr. P. R. Katneshwarkar, advocate for Respondents No.1A & 1B.

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CORAM : SANDIPKUMAR C. MORE, J.

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DATE : 12^th January, 2024

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PC :

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Heard rival submissions.

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By this application, the applicants-original

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appellants are seeking permission to restore CA St. No. 7004 of 2020, filed for bringing LRs of deceased appellant no.1C by setting aside order dated 25.08.2021, passed by the learned Registrar (J).

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It appears that the registration of the aforesaid

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{2} 913-ca11798.23.odt

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application was refused for want of removal of office objections. The learned Counsel for the appellants-applicants is ready to remove all the office objections within two weeks.

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In view of the same, delay of 724 days caused in filing this application for restoration of earlier application, stands condoned and the order dated 25.08.2021 is hereby set aside. Civil Application St. No.7004 of 2020 be restored to its original stage for removal of all the office objections within two weeks.

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Civil Application is accordingly disposed of.

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(SANDIPKUMAR C. MORE) JUDGE

adb

913-ca11798.23.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 11798 OF 2023 IN SECOND APPEAL NO. 357 OF 1994

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Mohameed s/o Mohinuddin Shaikh through L.Rs. & others

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Applicants

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Versus

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Fakir Hassen Shaikh through LRs and others

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Respondents

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Mr. V. R. Dhorde, advocate for the Applicants Mr. Rahil R. Kazi, advocate holding for Mr. P. R. Katneshwarkar, advocate for Respondents No.1A & 1B.

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CORAM : SANDIPKUMAR C. MORE, J.

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DATE : 12^th January, 2024

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PC :

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The learned Counsel Mr. Kazi, holding for Mr. Katneshwarkar, advocate for Respondents No.1A & 1B, seeks time to file reply for mentioning the correct amount, which is supposed to be deposited by the appellants.

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Time granted. Stand over to 02.02.2024.

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Interim relief, if any, to continue till then.

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(SANDIPKUMAR C. MORE) JUDGE

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adb

Mohammed S/O Mohiuddin Shaikh Deceased Lrs. Jamadar and Others v. Farid Haseen Shaikh Deceased Lrs. Doulatbi and Others

Case brief

What is this about?

What did the court decide?

Mohammed S/O Mohiuddin Shaikh Deceased Lrs. Jamadar and Others v. Farid Haseen Shaikh Deceased Lrs. Doulatbi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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