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Bombay High CourtCA/4023/2022application allowed

Sonappa Died Kondabai Died Prabhakar Died Sachin Prabhakar Kure And ORS. v. Abdul Raheman Died Lr.S. Dadamiya Abdul Raheman An

2022-03-21Hon'Ble Shri Justice Mangesh S. Patil1 pages

8.CA.4023.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4023 OF 2022 IN SA/396/2003 SONAPPA DIED KONDABAI DIED PRABHAKAR DIED SACHIN PRABHAKAR KURE AND ORS.

VERSUS

ABDUL RAHEMAN DIED LR.S. DADAMIYA ABDUL RAHEMAN AN ...

Advocate for Applicants : Mr. D.R. Bhadekar Advocate for Respondent : Mr. Akram Inamdar h/f. Mr. S.S. Kazi ...

CORAM

: MANGESH S. PATIL, J.

DATE : 21.03.2022 PER COURT :

This is an application by the appellants in the Second Appeal seeking to bring on record the legal representatives of the appellant No.1-A- (i), 2-B and 2-C(ii) with a prayer to condone the delay that has occasioned in making the prayer. It is also prayed that the names of the applicant Nos.1-E and 2A be allowed to be deleted as they are dead and are represented by legal heirs who are already on record. 2.

The learned advocate Mr. Inamdar holding for Mr. Kazi strongly opposes the Application. He submits that the Application is composite one and there is a huge delay.

3.

Considering the nature of the dispute coupled with the grounds mentioned in the Application as also the fact that some of the legal heirs of the appellants have already been on the record, the Application is allowed as prayed for. Delay is condoned. Abatement is set aside. Necessary amendment to be carried out within 4 weeks.

(MANGESH S. PATIL, J.) habeeb 1/1