Deoram Lala Mali L.Rs. Meena Namdeo Mahajan And Others v. Shaikh Musa Sk Nadar L.Rs. Sharifabi And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2223 OF 2024 WITH SECOND APPEAL NO. 561 OF 2016 Deoram Lala Mali Applicant

Versus

Shaikh Musa Sk. Nadar (died) through L. Rs.

Respondents Mr. Kshitij H. Surve, advocate for the Applicant Mr. M. G. Kochar, advocate holding for Mr. B. R. Waramaa, advocate for Respondents No.1-A to 1-K.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 26th February, 2024 PC :

Heard rival submissions.

The applicants are seeking permission to bring themselves on record being the legal representatives of deceased sole appellant, who, admittedly died on 20.02.2023, by condoning delay of 269 days.

The learned Counsel Mr. Kochar, holding for Mr. Waramaa, advocate for all the respondents, opposed the application on the ground that there is inordinate delay.

{2} However, considering the right to sue, the Civil Application stands allowed in terms of "B" and "C" subject to cost of Rs.500/- payable to the Library of Advocates' Association of Bombay High Court at Aurangabad. Amendment be carried out after deposit of cost. (SANDIPKUMAR C. MORE) JUDGE adb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 561 OF 2016 WITH CIVILAPPLICATION NO. 11118 OF 2023 WITH CIVIL APPLICATION NO. 11430 OF 2016 Deoram Lala Mali Appellant

Versus

Shaikh Musa Sk. Nadar (died) through L. Rs.

Respondents Mr. Kshitij H. Surve, advocate for the Appellant Mr. M. G. Kochar, advocate holding for Mr. B. R. Waramaa, advocate for Respondents No.1-A to 1-K.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 26th February, 2024 PC :

Stand over to 11.03.2024.

(SANDIPKUMAR C. MORE) JUDGE adb