Smt. Nasra Begum Shafique Ahmed Deceased 1.1 Mr. Junaid Ahmed Shafique Ahmed And ORS. v. Muncipal Corporation Of Greater Bomay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2638/2019 IN FIRST APPEAL NO.979/1997 Nasra Begum Shafique Ahmed & Ors.

.... Applicants Vs.

Municipal Corporation of Gr.Bombay... Respondents. Advocate Mr.Anoop Sharma i/b SM Kazi for applicants. Advocate Mrs. Sheetal Mane for BMC.

CORAM

: K.K.TATED, J.

DATED : AUGUST 5, 2019.

P.C.

Heard learned counsel for applicant.

By this civil application, applicant/plaintiff is seeking condonation of 2 years and 37 days delay in filing civil application for bringing legal heirs on record of deceased sole appellant Nasra Begum Shafique Ahmed who died on 17.11.2016.

Considering the submissions made by learned counsel for applicant and the reasons disclosed in para 4 of the civil application,I am satisfied that applicant has made out a case for following order.

a) Abatement set aside.

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b) Delay in filing civil application is condoned. c) Applicant is permitted to bring legal heirs on record of deceased sole appellant in First Appeal No.979/1997 on or before 31.8.2019 failing which civil application shall stand dismissed without referring back to court.

d) If amendment is carried out within stipulated time, applicant to serve amended copy of Appeal Memo on Respondent on or before 27.9.2019 and file affidavit of service to that effect.

e) Civil Application disposed of.

f) No order as to cost.

(K.K.TATED, J.) Chitra Sonawane 2

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