Shahzadi Begum Waliyoddin Died Lrs. Shaikh Badarunnisa Begum Saleemoddin Patel And Another v. Liyaqatbi Sayyad Jamiruddin And ORS
1 915 ca 13996-23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 13996 OF 2023 IN CA/2575/2020 WITH CIVIL APPLICATION NO. 3583 OF 2023 IN CA/2575/2020 WITH CIVIL APPLICATION NO. 2575 OF 2020 IN CAST/40851/2019 SHAHZADI BEGUM WALIYODDIN DIED LRS. SHAIKH BADARUNNISA L.RS. SHAIKH SLEEMODDIN AND OTHERS
VERSUS
LIYAQATBI SAYYAD JAMIRUDDIN L.RS. BABA SAYYED AND ORS ...
Mr. Saeed S. Shaikh, Advocate for Applicants Mr. Mayur Subhedar h/f Mr. C.V. Dhanurkar, Advocate for Respondent Nos.1 to 4, 6 ...
CORAM : SANDIPKUMAR C. MORE, J.
DATED : 18/04/2024.
P. C. :
A) ORDER IN CIVIL APPLICATION NO.13996 OF 2023 :- 1.
The learned counsel for the applicant filed on record chart showing background facts. Taken on record. Copy served to other side.
2.
Heard rival submissions.
3.
The applicants are seeking permission to bring on record LRs of respondent nos.1,5 & 6 by condoning the respective delay periods of 3235, 7985 and 1041 days.
4.
The learned counsel for the applicants by producing chart of background facts submitted that the delay is not caused due to
2 915 ca 13996-23 mistake of the applicants, but it caused due to negligence of other side.
5.
However, it appears that there is delay of almost 22 years in bringing legal representatives of respondent No.5 on record. Therefore, considering right to sue, the application stands allowed in terms of prayer clause - B & C subject to cost of Rs.5,000/- to be paid by the applicants to Advocate Bar Library, High Court, Aurangabad within three weeks.
6.
The amendment be carried out within stipulated period and after deposit of cost. The application is accordingly disposed of. B) ORDER IN CIVIL APPLICATION NO.3583 OF 2023 :- 1.
Heard rival submissions.
2.
The applicants are seeking permission to bring on record LRs of applicant- Shaikh Badrunisa Begum, who admittedly died on 23/12/2022. The application is within time and therefore, stands allowed in terms of prayer clause-B. The amendment be carried out within stipulated period. The application is accordingly disposed of.
3.
List other connected matters on 02/05/2024.
( SANDIPKUMAR C. MORE, J. ) VS Maind/-