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Bombay High CourtCA/3166/2021admittedallowedgrantedrule absolute

Begumbee Abdul Gafoor Died Lrs. Mohamad Irfan Mohamad Ismail And Others v. Abdul Rahim Abdul Karim Died And Others

2021-07-29Hon'Ble Shri Justice V.K. Jadhav,Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3166 OF 2021 IN CA/4743/2020 IN SA/306/2006 BEGUMBEE ABDUL GAFOOR DIED LRS. THROUGH ITS LEGAL REPRESENTATIVES

VERSUS

ABDUL RAHIM S/O ABDUL KARIM AND OTHERS .....

Advocate for applicants : Mr. K. M. Nagarkar Advocate for Respondent No.1 : Mr. T. Vinod .....

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 29-07-2021.

ORDER :

1.

Present application has been filed to bring the legal representatives of deceased respondent No.2 on record. 2.

Heard learned Advocate Mr. K. M. Nagarkar for applicants and learned Advocate Mr. T. Vinod for respondent No.1. 3.

Second Appeal No.306 of 2006 was admitted on 22-07-2008 by this Court. Thereafter, by order dated 17-06-2021 the legal representatives of deceased respondent No.2 were allowed to be brought on record by Civil Application No.4743 of 2020 by this Court. However, the learned Advocate for the applicant submits that one

CA 3166-2021 more legal representative of deceased respondent No.2 remained to be added and the applicants came to know about her recently, she be allowed to be brought on record as respondent No.2/7. 4.

Since already the application for bringing the legal representative of respondent No.2 was filed within time and also the fact that this Court had allowed that Civil Application on 17-06-2021, however one of the legal representatives was left out. There is no hurdle in allowing the left out heir to be brought on record. Hence, the application stands allowed.

5.

The necessary amendment be carried out on or before 31-082021. (SMT. VIBHA KANKANWADI) JUDGE vjg/-