Jainuddin Shaikh Hussain Dead Lrs Shaikh Shamer And Others v. Shaikh Sajjan Shaikh Hussain Died Lrs Rahimbee And Others

2024:BHC-AUG:21057 1 14 sa 480-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 SECOND APPEAL NO. 480 OF 2014 WITH CIVIL APPLICATION NO. 4529 OF 2017 IN SA/480/2014 WITH CIVIL APPLICATION NO. 7570 OF 2014 IN SA/480/2014 WITH CIVIL APPLICATION NO. 1421 OF 2022 IN SA/480/2014 WITH CIVIL APPLICATION NO. 1422 OF 2022 IN SA/480/2014 WITH CIVIL APPLICATION NO. 1418 OF 2022 IN SA/480/2014 WITH CIVIL APPLICATION NO. 1420 OF 2022 IN SA/480/2014 WITH CIVIL APPLICATION NO. 1419 OF 2022 IN SA/480/2014 WITH CIVIL APPLICATION NO.2595 OF 2023 IN SA/480/2024 JAINUDDIN SHAIKH HUSSAIN DEAD LRS SHAIKH SHAMER AND OTHERS

VERSUS

SHAIKH SAJJAN SHAIKH HUSSAIN DIED LRS RAHIMBEE AND OTHERS ...

Mr. V. D. Gunale, Advocate for Appellants Mr. V. V. Bhavthankar, Advocate for Respondents Nos.2 to 6, 10 to ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 09/09/2024.

2 14 sa 480-14 P. C. :

A) ORDER IN CIVIL APPLICATION NO.4529 OF 2017 :

respondent No.10 Shaikh Burhan Shaikh Hussain, who died on 11/01/2016, by condoning the delay of 342 days. & C subject to cost of Rs.500/- to be paid to Advocate's Bar Library, High Court, Aurangabad.

B) ORDER IN CIVIL APPLICATION NO.1418 OF 2022 :

The application is for bringing legal representatives of respondent No.2 Ahmed Shaikh Sajjan, who admittedly died on 10/01/2021. The application is within time and thus, stands allowed in terms of prayer clause-B and disposed of .

3 14 sa 480-14 C) ORDER IN CIVIL APPLICATION NO.1419 of 2022 :

respondent No.10/B Nizam Shaikh Burhan, who died on 24/08/2016, by condoning the delay of 1842 days. However, by passing order today itself in Civil Application No.4529 of 2017 his legal representatives are already brought on record. As such, the present application stands disposed of.

D) ORDER IN CIVIL APPLICATION NO.1420 OF 2022 :

respondent No.11 Badruddin Shaikh Yusuf, who died on 05/11/2020, by condoning the delay of 43 days. & B/1 subject to cost of Rs.500/- to be paid to Advocate's Bar Library, High Court, Aurangabad.

4 14 sa 480-14 E) ORDER IN CIVIL APPLICATION NO.1421 OF 2022 :

respondent No.12 Fatru @ Chand Shaikh Yusuf, who died on 06/10/2019, by condoning the delay of 704 days. & C subject to cost of Rs.1000/- to be paid to Advocate's Bar Library, High Court, Aurangabad.

F) ORDER IN CIVIL APPLICATION NO.1422 OF 2022 :

The application is for bringing legal representatives of respondent No.13 Shaikh Ayyub Shaikh Yusuf, who admittedly died on 18/11/2020. The application is within time and thus, stands allowed in terms of prayer clause-B and disposed of. G) ORDER IN CIVIL APPLICATION NO.2595 OF 2023 :

Not on board. Taken on board.

5 14 sa 480-14 respondent No.5 Shaikh Shabbir Shaikh Sajjan, who died on 02/02/2022, by condoning the delay of 267 days. & C subject to cost of Rs.500/- to be paid to Advocate's Bar Library, High Court, Aurangabad.

6.

List connected matters on 23/09/2024.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-