Rashid Pasha Quadri And ORS v. Syed Aslam Syed Muntajibuddin Quadri And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 14517 OF 2022 IN CRAST/26249/2022 WITH SECOND APPEAL NO. 292 OF 1988 WITH SECOND APPEAL NO. 462 OF 1989 WITH CIVIL APPLICATION NO. 5973 OF 1997 IN SA/462/1989 WITH CIVIL APPLICATION NO. 5980 OF 1997 IN SA/462/1989 WITH CIVIL APPLICATION NO. 770 OF 2023 IN SAST/819/2023 WITH CIVIL APPLICATION NO. 773 OF 2023 IN SAST/821/2023 WITH CIVIL APPLICATION NO. 772 OF 2023 IN SAST/821/2023 WITH CIVIL APPLICATION NO. 715 OF 2023 IN CA/14517/2022 WITH CIVIL APPLICATION NO. 4134 OF 1997 IN SA/292/1988 WITH CIVIL APPLICATION NO. 2542 OF 2003 IN SA/462/1989 WITH CIVIL APPLICATION NO. 7552 OF 2002 IN SA/292/1988 WITH CIVIL APPLICATION NO. 9928 OF 2005 IN SA/292/1988 WITH CIVIL APPLICATION NO. 9475 OF 2008 IN SA/292/1988 WITH CRA NO. 136 OF 2023 WITH CIVIL APPLICATION NO. 9365 OF 2019 IN CA/12618/2013

(2) WITH CIVIL APPLICATION NO. 10703 OF 2017 IN CA/5054/2014 WITH CIVIL APPLICATION NO. 10701 OF 2017 IN CA/5054/2014 WITH CIVIL APPLICATION NO. 10316 OF 2024 IN SA/462/1989 WITH CRA NO. 200 OF 2023 RASHID PASHA QUADRI AND OTHERS

VERSUS

SYED ASLAM SYED MUNTAJIBUDDIN QUADRI AND OTHERS ...

Mrs. M.S. Mhase, Advocate for the applicants. Mrs. A.S. Jadhav, Advocate for respondent Nos.1 to 4. Mr. S.A.P. Quadri, Advocate for respondent No. 7. Mr. Sk. Tarek Mobin, Advocate for respondent Nos. 10 to 16. Mr. Y.B. Pathan, Advocate for respondent No.18. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

23 SEPTEMBER 2024 ORDER:- IN CIVIL APPLICATION NO. 715 OF 2023 :

1.

Heard rival submissions. The leaned Counsel Mr. R.C. Bora appearing on behalf of proposed legal representatives of respondent No. 7 namely 7A to 7F despite appearance, failed to file say. Moreover, he is also not present today. 2.

The applicants are seeking permission to bring on record legal representatives of deceased respondent No.7 Syed Shaker Pasha s/o Syed Mehmood Quadri, who admittedly died on

(3) 21.02.2021, by condoning the delay of 597 days. Though the application is opposed, but considering the right to sue, the application is allowed in terms of prayer clauses (B) and (C) subject to cost of Rs. 1,000/- to be deposited with Library, Advocates Association of High Court, Bombay, Bench at Aurangabad within two weeks. Necessary amendment be carried out within stipulated period. Civil Application No. 715 of 2023 is accordingly disposed of.

3.

List the other remaining matters on 07.10.2024. (SANDIPKUMAR C. MORE, J.) VD_Dhirde