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

ca4272.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 4272 OF 2015 IN SECOND APPEAL NO.1295 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 Applicants : Mr. S.P. Brahme Advocate for Respondents : Mr. Jeevan R. Patil h/f Mr. G.B. Rajale Advocate for Respondents : Mr. A.B. Kadethankar Advocate for Respondents : Mr. Bharat Pankaj .....

CORAM : BHARAT P. DESHPANDE, J.

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

This is an application for condonation of delay of 1091 days in bringing legal heirs of deceased respondent No.17 Kamlabai on record. The proposed legal heirs were duly served by way of paper publication. However, none appears for them. 2.

Heard.

3.

Considering the grounds raised in para 1 to 3 of present application, it appears that there is sufficient ground to condone the delay, set aside the abatement and to allow to bring the legal heirs of respondent No.17 on record. Hence, the following order.

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O R D E R

I.

Civil application stands allowed.

II.

Delay of 1091 days in bringing legal heirs of respondent No.17 on record is hereby condoned.

III.

Abatement, if any, stands set aside.

IV.

Legal heirs of respondent No.17 are permitted to be brought on record. Amendment to be carried out within 14 days from today.

V.

Civil application stands disposed of.

(BHARAT P. DESHPANDE, J.) rlj/