Mehrunissa Shah Mehmood Sayyed Died Through Lrs Altaf Shah Mehmood Sayyed And Others v. Mansoor Amirmiya Jahagirdar And Others

2024:BHC-AUG:26183 1 907

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO. 10407 OF 2024 MEHRUNISSA SHAH MEHMOOD SAYYED DIED THROUGH LRS ALTAF SHAH MEHMOOD SAYYED AND OTHERS

VERSUS

MANSOOR AMIRMIYA JAHAGIRDAR AND OTHERS ...

Advocate for the Petitioner : Ms. Sonawane Sunita G. ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 22nd OCTOBER, 2024 PER COURT:

1.

Heard.

2.

The learned counsel for the petitioners challenges the order dated 03.11.2018, passed by the District Judge, whereby it is noticed that the appellant has expired on 17.09.2015 and the legal heirs have not filed any application to come on record and, therefore, the application for condonation of delay is dismissed. Challenging the said order the legal heirs of the original appellant has filed the present petition. However, the petitioners can approach the same court for setting aside the abetment. 3.

In view of the same, the present petition is disposed of with liberty to the petitioners to approach the same court for setting aside the

2 907 abetment. If, such an application is filed, the appellate court shall decide the same in accordance with law.

[ARUN R. PEDNEKER, J.] marathe