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2025 DAILYLAW 3281 (BOM)

BADI MASJID, MOMINPURA, NAGPUR THR. SECY., MR. SAJID ANWAR S/O. ABDUL WADOOD AND ANR. v. SHRI. HAJI ABDUL QUADEER S/O. HAJI ABDUL HAFIZ

CAW/2130/2025 · 2026-07-02

Shri Rohit Wasudeo Joshi

body2025

Judgment text

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03. WP 5144 of 2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.2130/2025; CIVIL APPLICATION (CAW) NO.2131/2025 AND CIVIL APPLICATION (CAW) NO.2798/2025 IN WRIT PETITION NO.5144/2025 Badi Masjid, Mominpura, Nagpur Acting through its Secretary Mr. Sajid Anwar s/o Abdul Wadood and another ...Versus… Shri Haji Abdul Quadeer s/o Haji Abdul Hafiz - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. Mahesh Masodkar, Ms Mukta Ranade & Ms Prutha Masodkar, Advocates for petitioners CORAM : ROHIT W. JOSHI, J. DATE : 02/07/2026 1. Office-note, dated 22/06/2026 indicates that notices issued to the proposed legal representatives of respondent sole by private mode through speed post are returned with an endorsement on the sealed envelope as “refused”. 2. The petitioners have filed service-affidavit, dated 01/04/2026 and Pursis dated 02/07/2026 along with which both sealed envelopes are placed on record. The proposed legal representatives are thus deemed to be served. The notice is deemed to be served on 14/03/2026, as per postal endorsement. The sole respondent has expired on 05/03/2025. It is, however, stated in the application that the petitioners gathered knowledge about his demise on 2026:BHC-NAG:8337 03. WP 5144 of 2025.odt 2 13/06/2025. The proposed legal representatives of sole respondent have not entered appearance and as such the statement has gone unchallenged. 3. In view of the above, application for condonation of delay in filing application for bringing legal representatives of deceased respondent on record, application for setting aside abatement of petition against the deceased respondent and application for bringing legal representatives of deceased respondent sole on record are allowed. Necessary amendment be carried out before 15/07/2026. 4. Issue notices in the petition to the legal representatives of deceased respondent indicating that the petition may be heard finally at the stage of admission, returnable on 07/08/2026. (ROHIT W. JOSHI, J.) Wadkar