Shahnaj Abdulshukur Rampure v. Rashidabegam Mahamdhusen Shaik Deceased and Anr.

Bombay HC14 Dec 2024IA/10695/2024

Case brief

AI extract

What is this about?

The single-judge Bench issued notice to the respondent on substantial questions of law regarding the rejection of an application for condonation of delay and non-consideration of pleadings about settlement and execution date. The court directed service of notice and granted ad-interim relief.

What did the court decide?

Notice issued to respondent no. 2 for final disposal of the second appeal; ad-interim relief granted in terms of prayer clause (b).

Shahnaj Abdulshukur Rampure vs Rashidabegam… — Execution and Attachment | Bombay HC (2024)

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Digitally signed by IRESH MASHAL Date: 2024.07.26 14:24:56 +0530

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Digitally signed by IRESH IRESH MASHAL Date: 2024.07.26 14:24:56 MASHAL +0530 44.12925.24 sast.docx

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Iresh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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SECOND APPEAL ST NO. 12925 OF 2024 WITH

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INTERIM APPLICATION NO. 10695 OF 2024 IN

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SECOND APPEAL ST NO. 12925 OF 2024

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Shahnaj Abdulshukur Rampure .....Appellant

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Vs.

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Rashidabegam Mahamdhusen Shaikh .....Respondents Deceased through legal heirs

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Mr. M. S. Mulla for the appellant

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CORAM : GAURI GODSE, J.

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DATE : 23^rd JULY 2024

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ORDER:

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1. Learned counsel for the appellant submits that specific grounds

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raised in the application for condonation of delay have not been correctly appreciated by the first Appellate Court. Learned counsel for

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the appellant submits that there was settlement between the parties,

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44.12925.24 sast.docx

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hence, appellant had not appeared before the Trial Court. He submits that the Trial Court’s decree is dated 8^th January 2018 and the execution is filed in the year 2021 which supports the case of the appellant regarding the settlement between the parties.

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Learned counsel thus submits that though the learned Judge recorded that substantial rights of the appellant are involved in the matter, learned Judge erred in ignoring the material averments of the appellants in the application for condonation of delay.

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Considering the submissions made on behalf of the appellant, second appeal raises following substantial questions of law:

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(i) Whether the application for condonation of delay could have

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been rejected in spite of holding that substantial rights of the appellant are involved in the dispute and liberal approach should have been taken while deciding the application for condonation of delay?

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(ii) Whether the first Appellate Court erred in not considering the pleadings of the appellant with regard to settlement between the parties and the date of Trial Court’s decree and the execution filed

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44.12925.24 sast.docx

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after period of three years which supports the case of the appellant?

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Issue notice to respondent no. 2 for final disposal of the second appeal at admission stage on the aforesaid questions of law. Notice returnable on 1^st October 2024. Court notice to be served alongwith copy of this order.

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In addition to Court notice, appellant to serve respondent no. 2

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by private notice alongwith copy of this order and file affidavit of service before the next date.

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INTERIM APPLICATION NO. 10695 OF 2024:

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Issue notice to respondent no. 2, returnable on 1^st October 2024.

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In addition to Court notice, applicant to serve respondent no. 2

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by private notice and file affidavit of service before the next date.

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Till next date, there will be ad-interim relief in terms of prayer clause (b).

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[GAURI GODSE, J.]

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Shahnaj Abdulshukur Rampure v. Rashidabegam Mahamdhusen Shaik Deceased and Anr.

Case brief

What is this about?

What did the court decide?

Shahnaj Abdulshukur Rampure v. Rashidabegam Mahamdhusen Shaik Deceased and Anr.

Case brief

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