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Bombay High CourtCAS/1617/2015allowed

Shri Khudbuddin Siraj Mulla (D/H) And Others v. The State Of Maharashtra And Others

2017-03-24Hon'Ble Shri Justice S.C. Gupte1 pages

sat cas 1617-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1617 OF 2015 IN SECOND APPEAL NO. 103 OF 2015 Shri Khudbuddin Siraj Mulla, since deceased through legal heirs a) Smt.Sugrabee Khudbuddin Mulla & Ors.

...Appellants vs.

The State of Maharashtra & Ors.

...Respondents

Mr.Saurabh Oka for Appellant.

Mr.Ameet Palkar, AGP for Respondent Nos.1 and 2. CORAM : S.C. GUPTE, J.

24 MARCH 2017 P.C.:

The civil application is for bringing on record legal heirs of deceased Appellant No.4. There is a delay in taking out the civil application. The delay is explained in the civil application. It appears that an order for bringing on record the legal heirs was already passed by the lower appellate court, but the amendment was not carried out. In these facts, the delay is condoned and the civil application is allowed in terms of prayer clause (b). Amendment to be carried out within two weeks. (S.C. GUPTE, J.) 1 / 1