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 held that the civil applications are allowed, the appeal is partly allowed with the suit remanded, and the writ petition is disposed, with the deposited amount to be remitted with interest.

Summary

The petitioner Nazeer Ahmed filed a writ petition (No.10490/2015) together with Civil Applications Nos.5600/2023 and 3749/2024 seeking amendment of a decree and the return of a sum deposited with the Court. The respondent Abdul Hafiz opposed the reliefs. The High Court allowed the civil applications in accordance with prayer clauses B and C, directing that the amendment be effected within two weeks. The Court noted that both parties agreed that the regular Civil Appeal No.3/2024 was partly allowed by the District Judge, resulting in the suit being remanded to the trial court and the writ petition being disposed. The Court further 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 final decision in the suit.

Issues considered

Whether the civil applications for amendment of the decree may be allowed
Whether the regular civil appeal should be partly allowed and the suit remanded to the trial court
Whether the amount deposited by the petitioner should be returned with interest
Whether the writ petition should be disposed

Subjects

writ petition
civil application
amendment of decree
remand
deposit return
interest

Judgment

2026:BHC-AUG:34887
                                                        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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