Mirza Sattar Baig Nasar Baig Died Lrs Smt. Husenbi Died Mrs. Nafisa Begam And ORS v. Mirza Faruq Baig Moahammad Baig And Others.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.4137 OF 2019 IN CA/1166/2016 MIRZA SATTAR BAIG NASAR BAIG DIED LRS SMT. HUSENBI DIED MRS. NAFISA BEGAM AND OR

VERSUS

MIRZA FARUQ BAIG MOAHAMMAD BAIG & OTHERS.

...

Advocate for Applicants : Mr. Solshe Vinesh C. Advocate for Respondents No.1 to 4 : Mrs. M.A. Kulkarni. ...

WITH CA/14942/2018 IN SA/417/1993 ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 20-03-2019.

PER COURT :

1.

Heard Mr. V. C. Solshe learned advocate for the applicants. 2.

This Court had allowed the application filed by the applicants that is Civil Application No.1166 of 2016 on 08-03-2019 subject to deposit of cost of Rs.20,000/-. Cost was awarded taking into consideration the delay of 4069 days. The applicants are coming with a case that, they are poor agriculturists and due to short falling the rain in previous few years, they have no income source.

3.

It is also to be noted at the same time that, the respondents No.3 and 4 are also agriculturists, and therefore, when taking into

CA 4137-2019 consideration the duration of the delay if the cost is imposed, it cannot be reduced. Hence, the application is rejected. 4.

Time to deposit the imposed cost is extended by one week. 5.

Amendment to be carried out within one week.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-.