Mohammed S/O Mohiuddin Shaikh Deceased Lrs. Jamadar And Others v. Farid Haseen Shaikh Deceased Lrs. Doulatbi And Others

1 915 ca 1368-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 1368 OF 2024 IN SA/357/1994 WITH SECOND APPEAL NO. 357 OF 1994 WITH CIVIL APPLICATION NO. 11798 OF 2023 IN SA/357/1994 MOHAMMED S/O MOHIUDDIN SHAIKH DECEASED LRS.

JAMADAR AND OTHERS

VERSUS

FARID HASEEN SHAIKH DECEASED LRS. DOULATBI AND OTHERS ...

Mr. Sanjay S. Dudhane h/f Mr. Dhorde Vikram R., Advocate for Applicants Mr.R. R. Kazi h/f Mr. P. R. Katneshwarkar, Advocate for Respondent Nos.1/a, 1/b, 2/a to 2/c ....

WITH SECOND APPEAL NO. 357 OF 1994 WITH CIVIL APPLICATION NO. 11798 OF 2023 IN SA/357/1994 CORAM : SANDIPKUMAR C. MORE, J.

DATED : 23/02/2024.

P. C. :

1.

Heard rival submissions.

2.

In Civil Application No.1368 of 2024 applicants / appellants are seeking permission to bring on record legal representatives of deceased appellant No.1C -Shahibaba Mohammad Shaikh, who

2 915 ca 1368-24 admittedly died on 15/05/2012, by condoning the delay of 2748 days.

3.

The learned counsel for the respondent strongly opposed the application on the ground that delay being inordinate. 4.

In view of the same, the applications stands allowed in terms of prayer clause-A & B, subject to cost of Rs.3500/- to be paid to the Advocate Bar Library, High Court, Aurangabad within two weeks.

5.

Necessary amendment be carried out after deposit of cost. 6.

Civil Application No.1368 of 2024 is accordingly disposed of. 7.

List other connected matters on 08/03/2024.

8.

Interim relief to continue till then.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-