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Bombay High CourtCA/2733/2016admittedallowedgrantedrule absolute

Shaikh Khalil Sk. Ajij And ANR v. Inayatkha Ramjakha And ORS

2016-06-22Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 2733 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 2733 OF 2016 IN SECOND APPEAL NO.413/2013 SHAIKH KHALIL SK. AJIJ AND ANR

VERSUS

INAYATKHA RAMJAKHA AND ORS -------- Smt. Seema T. Pawar, Advocate, holding for Shri. A.G. Talhar, Advocate, for applicants.

-------- CORAM: T.V. NALAWADE, J.

DATE : 22 JUNE 2016 ORDER:

1) The application is filed for condonation of delay of 214 days caused in bringing legal representatives of respondent No.4, for setting aside abatement of the matter in respect of respondent No.4 and for granting permission to bring legal representatives on the record. Notice of the present application was served on the proposed legal representatives of respondent No.4 but nobody has turned up.

2 CA 2733 of 2016 2) In view of the contentions made in the application and the submission made this Court holds that the application needs to be allowed. The application is allowed. Delay is condoned. Abatement is set aside. Permission is granted to bring legal representatives of respondent No.4 on record. Amendment to be made in the appeal memo. Notice in appeal to legal representatives made returnable on 8th August 2016.

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