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2026 DAILYLAW 17532 (BOM)

ZARINA SALIM AHMED SHAIKH AND ANR v. GULAMNABI GULAM RASOOL SHAIKH AND ORS

WP/15596/2025 · 2026-10-08

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1/2 7-WP-15596-2025 @ WP-15519-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15596 OF 2025 Zarina Salim Ahmed Shaikh and Anr. ….Petitioners Versus Gulamnabi Gulam Rasool Shaikh and Ors. …Respondents ALONGWITH WRIT PETITION NO. 15519 OF 2025 ---- Mr. V.K. Gupta for the Petitioners. Mr. Kalpesh Nansi for Respondent Nos. 1 to 10. Mr. Rashesh Gandhi for Respondent No. 11. ---- CORAM : ARUN R. PEDNEKAR, J. DATED : 8th OCTOBER, 2026 P.C. : 1. Heard learned Counsel appearing for the Petitioners and learned Counsel appearing for the Respondents. 2. It is observed that the Appellate Court in Civil Revision Application has not heard the present Petitioner. It is observed in Paragraph No. 4 of the impugned order that defendant – Respondent No.2 upon service has not appeared. Learned Counsel for the Petitioner submits that the notice was not served upon him and the judgment of the Trial Court is reversed without hearing the Petitioners. 3. Learned Counsel appearing for the Respondents does not object if the matter is remitted back by quashing the impugned order rather than contesting the matter at this stage. Purti Parab PURTI PRASAD PARAB Digitally signed by PURTI PRASAD PARAB Date: 2026.10.12 12:31:35 +0530 2/2 7-WP-15596-2025 @ WP-15519-2025.doc 4. Considering the same, the impugned order is quashed and set aside. The matter be remitted back to the Appellate Court. Learned Counsel for the Petitioner submits that he would suo moto appear before the Appellate Court. 5. List this matter before the Appellate Court on 16th October, 2026 so as to enable the parties to appear and thereafter the Court may proceed to decide the issue in accordance with law. 6. As the matter is pending for some time the Court may decide the matter as expeditiously as possible. 7. All contentions of the parties are kept open and the matter be decided in accordance with law. 8. Both the Writ Petitions stand disposed of. (ARUN R. PEDNEKAR, J.) Purti Parab