Vitthal Thamaji Gunjal And ORS v. Khamarunnisabegum Abdul Sattar And ORS

2024:BHC-AUG:3111 140.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3958 OF 2020 IN WP/1972/2007 Vitthal Thamaji Gunjal And Ors

VERSUS

Khamarunnisabegum Abdul Sattar And Ors ...

Advocate for the Applicants : Mr. K.F. Shingare AGP for Respondents : Mr. A.S. Shinde ...

CORAM : S.G. MEHARE, J.

DATED : FEBRUARY 13, 2024 PER COURT:- 1.

Heard learned counsel for the applicants. None present for the respondents.

2.

However, learned AGP for respondent nos.7 to 10 opposed the application contending that the grounds mentioned in the application are not reasonable and correct. It is a sheer negligence in bringing the legal heirs on record.

3.

The legal heirs of original respondent no.13 must knowing about the petition. The reasons in the application are not convincing. However to make the justice, a lenient view may be taken subject to the cost. Hence, the following order :

ORDER

(i) The application is allowed.

140.odt (2) (ii) The delay caused in bringing the legal heirs is condoned, subject to cost of Rs.5,000/- to be deposited with this Court within a month from today.

(iii) Legal heirs be brought on record by way of an amendment within a month.

(iv) List the petition after a month.

(S.G. MEHARE, J.) Mujaheed//