Allowed

Smt. Shafiyabegam Mahammadso Momin (Deceased by Legal Representatives) and Ors. v. Shripati Vasudeo Urunkar (Since Deceased by L.Rs., Representatives No. 2 and 3) and Ors.

Bombay HC12 Feb 2024CAC/215/2018

Case brief

AI extract

What is this about?

The High Court allowed an interim application to cononor the delay of 93 days in bringing legal heirs of a deceased petitioner on record, treating them as legal heirs and permitting necessary amendment.

What did the court decide?

Delay condoned and applicants permitted to treat Applicants 1B to 1F as legal heirs of deceased Petitioner 1A/3; necessary amendment to be made within four weeks.

Smt. Shafiyabegam Mahammadso Momin (Deceased… — Civil Procedure and Limitation | Bombay HC (2024)

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22 CAC-215-2018.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

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 CIVIL APPLICATION NO. 215 OF 2018

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IN

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REVISION APPLICATION NO. 521 OF 2013

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Smt. Shafiyabegam Mahammadso Momin (Since…Applicants/
Deceased)Through LRS And Ors.…Petitioners
Versus
Shripati Vasudeo Urunkar (Since Deceased)
Through LRS, Respondents No. 2 And 3) And …Respondents
Ors.

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*****

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Digitally signed by HUSENBASHA HUSENBASHA RAHAMAN RAHAMAN NADAF NADAF Date: 2024.02.14 13:17:24 +0530

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Mr. Rajendra Khaire a/.w Aniket S. Phapale i/b. N.V. Bandiwadekar,
for Applicants/Appellants.
Mr. Kush M. Lahankar i/b. Mr. S.R. Ganbavale, for Respondent Nos.2
& 3.

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*****

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CORAM : M.M. SATHAYE, J.
DATE : 12th FEBRUARY 2024

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P.C. :

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.Heard learned counsel for the parties. This is an application for
bringing legal heirs of deceased Petitioner No. 1A who is also
Petitioner No. 3 (Mahammadso Kadarsaheb Momin), who has
expired during the pendency of the above Civil Revision Application.
There is delay of 93 days in filing the application.

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2.It is submitted that the proposed legal heirs are already on
record as Petitioner Nos.1B to 1F in their individual capacity.

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Page 1 of 2

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Husen

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22 CAC-215-2018.doc

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3.Considering the fact that proposed legal heirs are already on
record in their individual capacity, delay is only technical. No reply is
filed. In light thereof, considering the uncontroverted averments
made in the application, sufficient cause is made out.

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4. Interim application is allowed in terms of prayer clauses (a) and (b). Delay is condoned. The Applicants are permitted to show/treat Applicant Nos. 1B to 1F as legal heirs of deceased Petitioner No.1A / 3. Necessary amendment to be carried out within a period of four weeks.

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5.All concerned to act on duly authenticated or digitally signed
copy of this order.

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 (M.M. SATHAYE, J.)

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Page 2 of 2

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Husen

Smt. Shafiyabegam Mahammadso Momin (Deceased by Legal Representatives) and Ors. v. Shripati Vasudeo Urunkar (Since Deceased by L.Rs., Representatives No. 2 and 3) and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Shafiyabegam Mahammadso Momin (Deceased by Legal Representatives) and Ors. v. Shripati Vasudeo Urunkar (Since Deceased by L.Rs., Representatives No. 2 and 3) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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