LAWS(GJH)-2010-7-18

SHAMIMBANU Vs. AMIRUNISA YAKUBKHAN PATHAN

Decided On July 14, 2010
SHAMIMBANU W/O YUSUFMIYA SUBAMIYA Appellant
V/S
AMIRUNISA YAKUBKHAN PATHAN Respondents

JUDGEMENT

(1.) First Appeal No.69 of 2009 is filed by the daughter-in-law, grandson and granddaughters of the deceased-Subamiya Hasumiya, First Appeal No.70 of 2009 is filed by the daughter of the deceased-Subamiya Hasumiya while First Appeal No.1892 of 2010 is filed by the legal heirs of the deceased-Subamiya Hasumiya, who are the original defendants. Civil Application No.2808 of 2010 in First Appeal No.1892 of 2010 has been filed to condone the delay caused in filing First Appeal No.1892 of 2010. Considering the facts and circumstances, delay is condoned. First Appeal No.1892 of 2010 is also taken up along with First Appeal Nos.69 of 2009 and 70 of 2009 for final hearing, with the consent of the learned counsel for the parties.

(2.) As all the appeals as well as Civil Applications arise out of common order dated 6-1-2009 passed by the learned Judge, City Civil Court No.26, Ahmedabad, in Execution Petition No.487 of 2007, they were heard together and are being decided by this common judgement and order.

(3.) Heard learned counsel, Mr.M.A.Bukhari for the appellants and Mr.P.C.Master for the respondents.