Shamshoddin Amir Khan Died Lrs Niyamatbi And Others v. Moula Maheboob Khan And Others

1 CA 5645 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO. 5645 OF 2015 IN SA/377/2014 SHAMSHODDIN AMIR KHAN DIED LRS NIYAMATBI AND OTHERS

VERSUS

MOULA MAHEBOOB KHAN AND OTHERS -------- Shri. Pathan Zareefkhan, Advocate, for applicants. Shri. P.S. Paranjape, Advocate, for respondent No.5/2. -------- CORAM: T.V. NALAWADE, J.

DATE : 1st APRIL 2016 ORDER:

1) Civil Application No.5645/2015 is filed for permission to bring legal representatives of respondent No.5/3 on record. Notices of this application are served on respondent Nos.5/3a to 5/3d. It is to be presumed that they are duly served. It appears that only after report given by bailiff in October 2015 that respondent No.5/3 is dead the order was made by this Court and then steps were taken. There is nothing on record about information given in respect of death.

2 CA 5645 of 2015 2) In view of these circumstances the Civil Application No.5645/2015 is allowed. Delay, if any, is condoned. Abatement, if any, is set aside. Respondent Nos.5/3a to 5/3d are to be taken on record. Notice is to be given to them in appeal, made returnable on 29th June 2016.

Sd/- (T.V. NALAWADE, J. ) rsl