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Bombay High CourtCAS/1836/2005dismissed

The State Of Maharashtra v. Abdul Pirmchanmmd Inamdar (Decd) 1a. Ismail Abdul Inamdar

2015-12-04Hon'Ble Shri Justice R.D. Dhanuka2 pages

1-cas1836-05 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1836 OF 2005 IN SECOND APPEAL NO.420 OF 1992 The State of Maharashtra & Anr.

...Applicants V/s.

Abdul P. Inamdar (since deceased) through L.Rs. - Ismail A.Inmdar & Ors.

...Respondents

Mr.A.R. Patil for the Applicants.

None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 4TH DECEMBER, 2015.

P.C. :- 1.

By this civil application the applicants have prayed for condonation of delay of 9 years and 126 days in filing this civil application for bringing the legal representatives of the deceased respondent no.1 and have prayed for setting aside abatement insofar as the respondent no.1 is concerned. This civil application was dismissed for default and came to be restored by an order dated 31st July, 2015. A perusal of the record indicates that no steps are taken by the applicants to effect the service on the legal representatives of the respondent no.1. The matter was on board before the learned Registrar (Judicial-II) on 24th June, 2014 when none appeared for the 1/2

1-cas1836-05 applicants. None appeared for the applicants also on 16th September, 2014. The applicants also did not appear before this Court on 19th January, 2015. The delay of more than 9 years is also not explained. 2.

The civil application is accordingly dismissed. No order as to costs.

(R.D. DHANUKA, J.) 2/2