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Bombay High CourtCAS/429/2015allowed

Abdul Adam Aga (Decd.) By Heirs v. Jaysing R. Pawar And ORS.

2016-08-26Hon'Ble Shri Justice R.D. Dhanuka2 pages

46-cas429-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.429 OF 2015 IN SECOND APPEAL NO.67 OF 2000 Abdul A. Aga, since deceased through His L.Rs. - Ajij A. Aga & Ors.

...Applicants V/s.

Jaysing R. Pawar, since deceased through His L.Rs. - Smt.Shalan J. Pawar & Ors.

...Respondents

Ms.Priyanka Joshi i/b Mr.Rahul Kate for the Applicants. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 26TH AUGUST, 2016.

P.C. :- 1.

By this civil application the applicants have prayed for condonation of delay in filing the civil application and for bringing the legal representatives of the applicant nos.1D on record. The applicants have satisfactorily explained the delay in paragraph 4 of the civil application. None appeared for the respondents though served. No affidavit in reply has been filed. 2.

For the reasons recorded in the civil application, the delay in filing the civil application is condoned. The applicant nos.1D(i) to 1D(iv) are allowed to be brought on record as the legal 1/2

46-cas429-15 representatives of the deceased appellant no.1D. The order of abatement, if any, is set aside. The amendment to be carried out within two weeks from today.

3.

The amended copy of the second appeal be served upon the respondents through their learned advocates within one week from the date of carrying out amendment.

4.

No order as to costs.

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