Sikandar Dulemiya Shaikh And Another v. Babamiya Mohd Dulemiya L.Rs. Gausiyabee Babamiya And ORS

909ca2400.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 2400 OF 2024 IN SA/794/2004 SIKANDAR DULEMIYA AND ANR.

VERSUS

BABAMIYA MOHD DULEMIYA AND ORS ...

Advocate for Appellant : Mr. Shri Mujtaba G.mustafa. Advocate for Respondent Nos. 1 & 2 : Mr. A.R. Muley h/f Mr. M. P. Kale ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27th FEBRUARY,2024.

PER COURT :

1.

Heard rival submissions. The appellants are seeking permission to bring on record legal representatives of respondent No. 1 Babamiya Mohammad Dulemiya, who admittedly died on 07.08.2020, by condoning the delay of 1175 days. 2.

The learned counsel for the respondent Nos.1 and 2 opposed the application on the ground of inordinate delay. However, considering the right to sue, the application stands allowed in terms of prayer clause (B) subject to cost of Rs. 2000/-, to be paid to the Advocate Bar Library, till next date.

3.

The amendment be carried out within stipulated period.

909ca2400.24 4.

Stand over to 12.03.2024.

( SANDIPKUMAR C. MORE ) JUDGE mahajansb/