Shaikh Yusuf Shaikh Hussain Lrs Sharifabee And Others v. Shaikh Sirajoddin Ismail Mulla Died Lrs.Shaikh Musa Wajirkhan Patel Died Lrs. Noor Ahmed And ORS

17 CA 5169 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 5169 OF 2022 IN RC/936/2016 (SECOND APPEAL(ST) NO. 5033/2015) SHAIKH YUSUF SHAIKH HUSSAIN LRS SHARIFABEE AND OTHERS

VERSUS

SHAIKH SIRAJODDIN ISMAIL MULLA DIED LRS.SHAIKH MUSA WAJIRKHAN PATEL DIED LRS. NOOR AHMED AND ORS ...

Advocate for Applicant : Mr. Ansari Asfia Nuzhat Advocate for Respondent Nos. 2/A to R/2/C and R/2/F To R/2/H: Mr. Yawalkar Siddhartha B.

...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 14.10.2025 PER COURT :

Heard both sides.

2.

The applicants are seeking condonation of delay in restoring the second appeal of which registration is refused. 3.

It is submitted that the applicants learnt about the status of the matter when decree for possession is put to execution. It is submitted that they have meritorious case and appeal needs to be heard on merits. It is submitted that the delay is not intentional.

4.

Learned counsel Mr. Yawalkar appearing for the respondents opposes the application.

5.

The learned counsel for the applicants undertakes to workout the appeal if it is restored. The delay can be condoned by imposing costs. For the reasons stated in the application, it is desirable to condone the delay and grant opportunity to the applicants to workout the appeal on merits. 1/2

17 CA 5169 OF 2022.odt 6.

Civil Application is allowed in terms of prayer clauses 'A' and 'B' on condition that the applicants shall deposit costs of Rs. 7000/- (Rs. Seven Thousand only) with the Library of Advocates Bar Association, High Court Aurangabad on 11.11.2025.

7.

The appellant is permitted to reconstruct the file, if the papers are destroyed.

8.

List the Second Appeal for admission on 13.11.2025. ( SHAILESH P. BRAHME, J.) mkd/- 2/2