Anjuman Talim E Jamhur And ORS. v. Mohd. Ayyub Moh. Hanif (Since Deceased Through Lrs.)

7-caw 2607-17 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2607 OF 2017 IN WRIT PETITION NO.2927 OF 2016 Anjuman Talim-E-Jamhur & Ors.

..Applicants/Petitioners Vs.

Mohd.Ayyub Mohd.Hanif (deceased) through his proposed legal heirs ..Respondent ----- Ms.Krupali Salgaonkar i/b. Mr.Milind Sathaye for Applicants. Mr.Abdul Shaikh for Respondent.

----- CORAM :

G.S. KULKARNI, J.

DATE :

27th AUGUST, 2018 P.C.:

Heard learned Counsel for the applicants and learned Counsel for the respondents.

2.

The civil application is filed to bring on record the legal heirs of respondent No.1 Mohd. Ayyub Mohd. Hanif, who expired during the pendency of the petition.

3.

Perused the averments as made in the civil application. There is delay of 97 days in filing the civil application. The reasons as set out in the civil application for delay are satisfactorily explained. Accordingly, the delay is required to be condoned. The civil application is allowed in terms of prayer clauses (a), (b) and (c) which read thus:- "a.

That the delay caused in filing the present Application be kindly condoned;

7-caw 2607-17 b.

That the abatement of the present Writ Petition as against sole Respondent be set aside;

c.

That by an appropriate order of this Hon'ble Court, the names of proposed Resp. Nos. 1A to 1G be brought on record of present Writ Petition as Resp. Nos. 1A to 1G (legal heirs of sole deceased Respondent)."

4.

Necessary amendment be carried out within a period of two weeks from today and copy of amended petition be served on learned Advocate for the respondents.

[G.S. KULKARNI, J.]