Kondaji Wakhaji Brahmne Died Thorough Lrs Yohan Kondaji Brahmane v. Markas Wakhaji Brahmne Died Through Lrs Lukas Markas Brahmne And Others

{1} ca3493-17 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3493 OF 2017 IN WRIT PETITION NO.6892 OF 2015 Kondaji Wakhaji Brahmne and Others APPLICANTS

VERSUS

Markas Wakhaji Brahmne and Others RESPONDENTS .......

Mr. Y. B. Pathan, Advocate for the applicants Mrs. S. T. Kazi, Advocate for respondent No.1A to 1C .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 23 rd JUNE, 2017 ORDER :

1.

Heard learned advocates for the parties.

2.

Learned advocate for the applicants purports to submit that a common order came to be passed, which went unnoticed and the effect of common order was realized only when a notice came to be sent by Deputy Superintendent of Land Records in February, 2017 and thereafter application has been immediately moved.

3.

Learned advocate for the respondents submits that the reasons are not plausible and that respondents-plaintiffs have

{2} ca3493-17 been suffering from 1981.

4.

However, having regard to reasons given in the application, it appears that it would be expedient to grant the application and the inconvenience caused in the process to the respondents can be taken care of by awarding costs.

5.

As such, civil application stands allowed in terms of prayer clauses "B" and "C" subject to payment of costs of Rs.2500/- to the appearing respondents. Civil application stands disposed of. 6.

Put up the writ petition for admission on 5th July, 2017. [SUNIL P. DESHMUKH, J.] drp/ca3493-17