Tauseef 43-CA.8574.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO.8574 OF 2022 IN SECOND APPEAL NO.406 OF 1980

Dattu Santu Budha (Died) L.Rs. Sudam & Ors. ...Applicants

Versus

Ammenabi Mir Hussain Khan (Died) through L.Rs. Mahmoodabi & Ors. …Respondents

WITH CIVIL APPLICATION NO.12154 OF 2024 IN CIVIL APPLICATION NO.8574 OF 2022

WITH CIVIL APPLICATION NO.8573 OF 2022 IN CIVIL APPLICATION NO.8854 OF 2015

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Adv. Preeti Ramrao Wankhade for the Applicants in all the matters. Adv. Faij Khan for Respondent No.1.

Adv. G. R. Sayed h/f. Adv. Rajendra H. Wagh & Adv. Naseem R. Shaik Respondent Nos.1/2-b to 1/2-f & 1/2-hb.

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CORAM : S. G. CHAPALGAONKAR, J. DATED : 18th NOVEMBER 2024.

P.C.:-

1. Heard Ms. Preeti Wankhade, learned Advocate appearing for the Applicants. She would submit that Respondent Nos.1/2-g expired on 3rd May 2017. She survived by the legal heirs as shown in paragraph 3 of the application.

2. Considering the submissions advanced, issue notice to proposed legal heirs of Respondent Nos.1/2-g as shown in paragraph 3 of the application.

3. Notice to be made returnable on 27th January 2025.

4. Applicants are at liberty to serve proposed legal heirs by alternate mode like registered post in M5. Affidavit of service be served before the returnable date.

5. Interim relief, if any, to continue till then.

(S. G. CHAPALGAONKAR, J.)