Sanjidabi Ziyaoddin Kazi L.Rs. Siauddin L.Rs. Mominabi Azimuddin Biyatani v. Moinoddin Abdul Rahaman Kazi And ORS.

ca4392.09 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 4392 OF 2009 WITH CIVIL APPLICATION NO. 4393 OF 2009 IN SECOND APPEAL NO.1527 OF 2005 SANJIDABI ZIYAUDDIN KAZI (DIED) THROUGH L.RS. ZIAUDDIN S/O CHIRAGODDIN KAZI AND OTHERS

VERSUS

MOINODDIN ABDUL RAHMAN KAZI and ORS.

.....

Advocate for Appellants : Mrs. A.N, Ansari Advocate for Respondents : Mr. Jeevan R. Patil h/f Mr. G.B. Rajale Advocate for Respondents : Mr. S.P. Brahme .....

CORAM : BHARAT P. DESHPANDE, J.

DATED : 12th AUGUST 2022 PER COURT:- 1.

These applications are filed for condonation of delay and bringing legal heirs of appellant No.1-G who died on 27.11.2004 i.e. during pendency of proceeding before the first appellate court. 2.

Heard.

3.

Considering the reasons disclosed in the applications and the fact that the presence of these legal heirs are necessary to decide the proceeding of second appeal, the applications need to be allowed by condoning the delay, setting aside the abatement, if any, and bringing them on record. Hence, the following order:-

ca4392.09 -2O R D E R I.

Civil applications stand allowed.

II.

Delay stands condoned.

III.

Abatement, if any, stands set aside.

IV.

Legal heirs of appellant 1-G be brought on record. The amendment to be carried out within 14 days from today. V.

Civil applications stand disposed of.

(BHARAT P. DESHPANDE, J.) rlj/