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Bombay High CourtCA/3960/2018disposed offdismissed for default

Dhondiba Bayaji Sabne (Deceased) Lrs Bayaji Dhondiba Sabne v. Hafijabee Mainuddin Shaikh And ORS

2018-09-21Hon'Ble Shri Justice V.L. Achliya1 pages

935-CA-3960-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 3960 OF 2018 IN SA/575/2003 DHONDIBA BAYAJI SABNE (DECEASED) LRS BAYAJI DHONDIBA SABNE

VERSUS

HAFIJABEE MAINUDDIN SHAIKH AND ORS ...

Advocate for Applicant : Mr. V.D. Gunale Advocate for Respondent Nos. 1A, 1B, 2 and 3 : Mr. S.C. Swami Advocate for Respondent No.4 : Mr. G.L. Deshpande ....

CORAM : V.L. ACHLIYA, J.

DATED : 21st SEPTEMBER, 2018 PER COURT:- 1.

The applicant - appellant has taken out this application to bring L.Rs. of appellant on record with corresponding delay. 2.

Heard the learned counsel for the applicant and respondents.

3.

Considering the fact that cause to prosecute the case survives to applicant and the applicant is the only legal heir of deceased appellant, I am of the view that the application deserves to be allowed with condonation of delay caused in filing the application. Accordingly, the application is allowed in terms of prayer clause 'B'. Necessary substitution be carried out within one week.

4.

The civil application is disposed of in the aforesaid terms. ( V.L. ACHLIYA ) JUDGE SPR