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Bombay High CourtCA/4085/2023disposed off

Hashmi Sayyed Haji Sayyed Lal Died Through Lrs Ather Syed Haji Hashmi Died Through Lrs v. The State Of Maharashtra And Others

2023-03-28Hon'Ble Shri Justice R. M. Joshi2 pages

903-3-4085-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4085 OF 2023 WITH WRIT PETITION NO. 4957 OF 2014 Hashmi Syed Haji Lal and Ors ...Applicants

Versus

The State of Maharashtra & Ors

...Respondents

...

Mr. A. P. Bhandari, Advocate for the Applicants. Mrs. P. V. Diggikar, AGP, for the Respondent No. 1 - State.

Mr. S. P. Shah, Advocate for the Respondent No. 2. Mr. V. C. Solshe, Advocate for Respondent Nos. 4 to 6. ...

CORAM:R.M. JOSHI, J DATE :MARCH 28, 2023 PER COURT :

1.

LR's of deceased Petitioner Hashmi Syed Haji Lal seeks their impleadment in this Petition with condonation of delay and setting aside abetment. 2.

Learned Counsel for the Respondents objects to the condonation of delay and to bring LR's of deceased on record.

3.

For the reasons mentioned in the application and since no malafides can be attributed to the Applicants for not bringing themselves on record in

903-3-4085-2023.odt time in place of deceased Petitioner, Civil Application deserves to be allowed. In the result, the application is allowed in terms of prayer clauses 'B' and 'C'. Amendment to be carried out within a period of one week.

(R.M. JOSHI, J.) Malani