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Bombay High CourtCA/7513/2019disposed off

Sarabi Husainsab Mulla (Died) Thr Lrs Ajij (Died) Thr Lrs Yusuf And ORS v. The State Of Maharashtra And ANR

2022-10-12Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 CIVIL APPLICATION NO.7513 OF 2019 IN FAST/10413/2019 SARABI HUSAINSAB MULLA (DIED) THR LRS AJIJ (DIED) THR LRS.

YUSUF AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr.Dharashive M. L. AGP for Respondents - State : Mr. S. N. Kendre ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 12.10.2022 PER COURT :

Heard rival submissions.

2.

The applicants are seeking permission to prosecute the appeal through legal representatives of appellant deceased Fatima Eliyas Inamdar, who admittedly died on 09.03.2018 i.e. after passing of the impugned award and before filing this appeal. There is also delay of 291 in seeking such permission. By considering the statutory right of the appellants and in the interest of justice, the application is allowed in following terms :

ORDER

(i) The legal representatives of appellant deceased has shown in the title of this application as well as title of main appeal are

permitted to prosecute the appeal.

(ii) Accordingly, the application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

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