Bombay High Court

NAZEER AHMED SHAH MOHAMMAD ZARGARversusABDUL HAFIZ SHAH MOHAMMAD ZARGAR DIED THROUGH HIS LRS SALIM ABDUL HAFIZ ZARGAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court allowed the civil applications, remanded the suit as per the partially allowed appeal, and disposed of the writ petition, ordering refund of the deposited amount with interest.

Summary

The petitioner filed Writ Petition No.10490/2015 together with Civil Applications Nos.5600/2023 and 3749/2024 seeking relief. The High Court allowed the civil applications in accordance with prayer clauses B and C, directing that any necessary amendment be effected within two weeks. The parties concurred that the Regular Civil Appeal No.3/2024 had been partly allowed by the District Judge, Udgir, and that the suit was to be remanded to the trial court, thereby rendering the writ petition moot. Consequently, the Court disposed of the writ petition. The Court also ordered that the amount deposited by the petitioner on 19 January 2016 be remitted to the concerned court with any accrued interest, subject to the suit's outcome. No statutory provisions or precedents were cited in the judgment.

Issues considered

What relief, if any, should be granted in the civil applications filed with the writ petition?
Does the partial allowance of the regular civil appeal and remand of the suit affect the continuance of the writ petition?
Should the amount deposited by the petitioner with the Court be refunded, and if so, on what terms?

Subjects

writ petition
civil application
amendment
remand
partial allowance
regular civil appeal
refund
interest

Judgment

2026:BHC-AUG:34888
                                                        Writ Petition No.10490/2015
                                           :: 1 ::


                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY

                                BENCH AT AURANGABAD


                         WRIT PETITION NO.10490 OF 2015 WITH
                        CIVIL APPLICATION NO.5600 OF 2023 WITH
                          CIVIL APPLICATION NO.3749 OF 2024


            Nazeer Ahmed s/o Shah Mohammad Zargar … PETITIONER

                     VERSUS

            Abdul Hafiz s/o Shah Mohammad Zargar         … RESPONDENT

                                            .......
            Mr. S.A.P. Quadri, Advocate for petitioner
            Mr. R.B. Deshmukh, Advocate for respondent
            Mr. G.R. Syed, Advocate for R.No.2 to 7 in
            C.A. Nos.5600/2023 and 3749/2024
                                            ....…

                                   CORAM : SACHIN S. DESHMUKH, J.
                                   DATE     : 6th AUGUST, 2026

            PER COURT :


            1.          Civil Application Nos.5600/2023 and 3749/2024 are

            allowed in terms of prayer clauses (B) and (C). Amendment to be

            carried out within a period of two weeks.


            2.          Parties are ad idem that the Regular Civil Appeal

            No.3/2024 is partly allowed by learned District Judge-1, Udgir by

            judgment and decree dated 28/5/2026 and the suit is remanded to
                                            Writ Petition No.10490/2015
                              :: 2 ::


the learned Trial Court. In that view of the matter, Writ Petition

stands disposed of.


3.         So far as the amount deposited by the petitioner with

this Court pursuant to the order dated 19/1/2016, the same shall be

remitted to the concerned Court along with interest accrued

thereon, if any. Necessary order in that regard be passed by the

concerned Court depending upon the decision in the suit.




                                  (SACHIN S. DESHMUKH, J.)




fmp/-

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