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Supreme Court of India

Jatina Khatoon . vs Sk. Najeeb(D) Through Lrs. on 17 August, 2017

Equivalent citations: AIRONLINE 2017 SC 708

Author: Kurian Joseph

Bench: Kurian Joseph, R. Banumathi

                                                                                          NON-REPORTABLE
                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL APPELLATE JURISDICTION


                                              CIVIL APPEAL     NO(S).   7816/2003


                         JATINA KHATOON       & ORS.                                        APPELLANT(S)


                                                          VERSUS


                         SK. NAJEEB (D) THROUGH LRS. & ORS.                                RESPONDENT(S)


                                                    J U D G M E N T

KURIAN, J.

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.

.......................J. [KURIAN JOSEPH] Signature Not Verified .......................J. Digitally signed by NARENDRA PRASAD Date: 2017.09.16 [R. BANUMATHI] 13:56:07 IST Reason: NEW DELHI;

AUGUST 17, 2017.