Bombay High Court
SHRI. MOHAMMED SAKIR ABDUL GANI SHAIKH (DECEASED) THR. LRS. KHALIKUNNISA SHAKIR SHAIKH AND ORS.versusMR.HAFIZUR REHMAN K SHAIKH AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court condoned the delay and allowed the legal heirs of appellant No.3 to be added to the record, ordering amendment within four weeks.
Summary
The Court considered Interim Application No. 14315 of 2023 filed in a civil appeal. The application sought condonation of delay in filing and the addition of the legal heirs of appellant No.3, who died on 23 June 2020, to the record. The Court, after reviewing the explanation for the delay, condoned it and permitted the heirs to be brought on record as per the schedule. It directed that the necessary amendment be effected in all parties' copies within four weeks. The interim application was subsequently disposed.
Issues considered
- Whether the delay in filing the interim application should be condoned.
- Whether the legal heirs of appellant No.3 can be added to the record after the appellant's death.
Subjects
- interim application
- condonation of delay
- addition of legal heirs
- amendment of parties
- civil appeal
Judgment
HMK 1 19. IA-14315-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
SAYYED signed by
SAYYED
SAEED SAEED ALI INTERIM APPLICATION NO. 14315 OF 2023
ALI AHMED ALI
Date:
AHMED 2026.02.13 IN
ALI 11:04:31
+0530
FIRST APPEAL NO. 578 OF 2018
Mohammed Sakir Abdul Gani Shaikh (Deceased)
Through Lrs. Khalikunnisa Shakir Shaikh & Ors. ….Applicants
IN THE MATTER BETWEEN
Shamim Akhatar Sirajuddin & Ors. ….Appellants
Versus
Hafizur Rehman K. Shaikh & Ors. .…Respondents
__________________________________________________________________
Mr. S. P. Shrivastava for the Appellants.
Mrs. Shakuntala Mudbidri for the Respondents.
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 12th FEBRUARY 2026
P. C. :
1. The delay in filing the present application is explained in paragraph
6. The delay is condoned.
2. This application is made to bring the legal heirs of appellant no.3 on
record, who expired to 23.06.2020. I have perused application and on
being satisfied therewith, the legal heirs of appellant no.3 are as per
schedule to the Interim Application are permitted to be brought on record.
3. Amendment to be carried out within four weeks from today in all the
copies of all the parties.
HMK 2 19. IA-14315-2023.doc
4. Interim Application No. 14315 of 2023 is disposed of.
[ JITENDRA JAIN, J. ]
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