JAMEEL LAHMED MAMMULAL AND ORS v. SULEMAN BANDU TADE
SA/100/2011 · 2025-03-13
Shri S G Chapalgaonkar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8965 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8965 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 sa 100+1.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 35 SECOND APPEAL NO. 100 OF 2011 WITH SECOND APPEAL NO. 101 OF 2011 WITH CIVIL APPLICATION NO. 15604 OF 2011 IN SA/101/2011 Jameel Lahmed Mammulal And Ors VERSUS Suleman Bandu Tade ... Advocate for Appellant : Mr. A.D. Sonkawade h/f A.V. Hon Advocate for Respondent : Mr. D.J. Choudhari …
CORAM : S. G. CHAPALGAONKAR, J. Dated : March 13, 2025 PER COURT :-
1.
Learned counsel appearing for the appellants submits that sole respondent/original defendant is expired. The suit was filed seeking decree of perpetual injunction in respect of the suit property. The personal relief of injunction was claimed against him. Even, by his defence, he contended that he has right based on power of attorney executed by one Khwaja Mohammad. Now, Khawaja Mohammad is also no more.
2. In light of the aforesaid peculiar facts, learned advocate appearing for the appellants submits that appeal itself may be
disposed of as cause of action to file the suit no more survives.
3. In that view of the matter, both second appeals stand
disposed of as abated against respondent. 2025:BHC-AUG:7687
2 sa 100+1.odt
4. In view of disposal of second appeals, pending civil application/s, also stand disposed of.
( S. G. CHAPALGAONKAR, J. ) … aaa-