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Bombay High CourtCA/12445/2009disposed offdismissed for default

Syed Shah Sayeeduddin Syed Shah Sharifuddin Thr Lrs And ORS v. Syed Shah Kalimoddin Syed Shah Abdul Razzak And ANR

2015-06-19Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

{1} ca1244509.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12445 OF 2009 IN LETTERS PATENT APPEAL ST.NO.7664 OF 2009 IN WRIT PETITION NO.769 OF 2007 Syed Shah Sayeeduddin Syed Shah Sharifuddin, deceased through L.Rs.

and others Applicants

Versus

Syed Shah Kalimoddin Syed Shah Abdul Razak & another Respondents Mr.M.V.Deshpande, advocate for applicants.

Mrs.C.S.Deshmukh, advocate for Respondent No.1. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 19th June, 2015 PER COURT:

This is an application seeking condonation of delay of 141 days occurred in presenting instant appeal. Heard. In view of the reasons recorded in the application, application deserves to be allowed and same is accordingly allowed. Delay of 141 days occurred in presenting Letters Patent Appeal stands condoned.

Civil Application disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca1244509

{2} ca1244509.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD LETTERS PATENT APPEAL ST.NO.7664 OF 2009 IN WRIT PETITION NO.769 OF 2007 Syed Shah Sayeeduddin Syed Shah Sharifuddin, deceased through L.Rs.

and others Appellants

Versus

Syed Shah Kalimoddin Syed Shah Abdul Razak & another Respondents Mr.M.V.Deshpande, advocate for appellants.

Mrs.C.S.Deshmukh, advocate for Respondent No.1. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 19th June, 2015 PER COURT:

It is pointed out that the appeal, raising challenge to the order passed by the learned Single Judge, presented by one of the parties to the proceedings, has already been admitted being L.P.A. No.31 of 2008. In this view of the matter, instant appeal also deserves to be admitted.

Hence, Admit.

To be heard along with L.P.A. No.31 of 2008.

Learned Counsel for Respondent No.1 waives notice. P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca1244509