Gulab Abbas Sayeed And ORS v. Habib Imamsaheb Sayyed And ORS

{1} ca2097-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2097 OF 2016 IN SECOND APPEAL STAMP NO.17041 OF 2010 Gulab Abbas Sayyed and Others APPLICANTS

VERSUS

Habib Imamsaheb Sayyed and Others RESPONDENTS .......

Mr. D. A. Mane h/f Mr. P. A. Bharat, Advocate for the applicants Mr. N. R. Pawade h/f Mr. V. M. Humbe, Advocate for R-1,2, 4 to 7 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 3 rd FEBRUARY, 2017 ORDER :

1.

Heard learned advocates for the parties.

2.

Learned advocate for the applicants purports to rely on the contents of the application in paragraphs No.4 and 5 of the civil application and states that delay has been caused under the circumstances referred to therein. He, therefore, submits that having regard to the same, delay be condoned. 3.

Learned advocate for the respondents purports to resist the application, however, is not in a position to challenge veracity of the contents of paragraphs No.4 and 5 of the civil application.

{2} ca2097-16 4.

In view of the same, it would be expedient that the application is granted.

5.

As such, the application is allowed in terms of prayer clauses "B" "C" and "D" and is disposed of.

6.

Consequent amendments be carried out.

[SUNIL P. DESHMUKH, J.] drp/ca2097-16