1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1084 OF 2007 APPLICATION NO.1084 OF 2007 APPLICATION NO.1084 OF 2007 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO.115 OF 2008 APPLICATION NO.115 OF 2008 APPLICATION NO.115 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL (ST.) NO.31333 OF 2004 APPEAL (ST.) NO.31333 OF 2004 APPEAL (ST.) NO.31333 OF 2004 Smt. Havabi w/d Hamza ... Applicant Shamsuddin Vs. Abdul Hamid Hamza Parkar ... Respondents & Ors. Ms. Gupta h/f A.M. Sarogi for the Applicant. Mr. K.R. Sutrale for respondents. Respondent No.3 is present CORAM CORAM CORAM : ANOOP V. MOHTA, J : ANOOP V. MOHTA, J : ANOOP V. MOHTA, J. DATE DATE DATE : 20TH JUNE, 2008 : 20TH JUNE, 2008 : 20TH JUNE, 2008 P.C. P.C. P.C. :- :- :- 1) Pursuant to the order dated 13th February, 2008 and in view of the finding given in S.C. Suit No.8080 of 1992 and basically pursuant to the para No.21 which is reproduced below : "21. In view of the above discussion, I find that Smt. Hasina, Samir, Noor Jahan and Smt. Jaitunbi are the legal heirs of 2 the deceased defendant No.1." . There is no dispute for challenging that finding about the heirs of Respondent No.1, Abdul Hamid. 2. In view of this, Civil Application Nos.1084 of 2007 as well as Civil Application No.115 of 2008 are allowed. 3. Applicant to take steps within two weeks. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)