(Kurian Joseph and R. Banumathi, JJ.)
Jatina Khatoon & Ors. ____________________________ Appellant(s)
v.
Sk. Najeeb (D) through Lrs. & Ors. _________________ Respondent(s)
Civil Appeal No(s). 7816/2003, decided on August 17, 2017
The Judgement of the Court was delivered by
Kurian, J.:—
1. Delay in filing the application for substitution (I.A. No. 10/2017) is condoned.
2. Application for substitution of Respondent No. 6(b) is allowed.
3. Considering the facts and circumstances of the case, we are not inclined to interfere with the impugned order passed by the High Court and the appeal is, accordingly, dismissed.
4. However, it will be open to the appellants to take all available contentions under law before the Execution Court.
5. Pending applications, if any, shall stand disposed of.
6. There shall be no orders as to costs.
CIVIL APPEAL NO(S). 7816/2003
Jatina Khatoon & Ors ______________________________ Appellant(s)
v.
Sk. Najeeb(D) through Lrs. & Ors ___________________ Respondent(s)
7. (WITH IA 2/2003, IA 7737/2010, IA 19273/2011, IA 38097/2011, I.A. 10/2017 & IA 9/2017)
Date: 17-08-2017 These matters were called on for hearing today.
(Before Kurian Joseph and R. Banumathi, JJ.)
For Appellant(s) Mr. Ajit Kumar Sinha, Sr. Adv.
Mr. Gopal Prasad, AOR
For Respondent(s) Mr. Ranjan Mukherjee, AOR
Mr. Anis Ahmed Khan, AOR
Mr. Shoaib Ahmed Khan, Adv.
Mr. Mohd. Naved Mian, Adv.
Mr. Ratan Kumar Choudhuri, AOR
UPON hearing the counsel the Court made the following
Order
8. Delay in filing the application for substitution (I.A. No. 10/2017) is condoned.
9. Application for substitution of Respondent No. 6(b) is allowed.
10. The appeal is dismissed in terms of the signed judgment.
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