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

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 4265 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 Advocate for respondent Nos. 13-A/1: Mr. S.V. Natu .....

CORAM : BHARAT P. DESHPANDE, J.

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

This is an application for condonation of delay of 41 days in bringing legal heirs of deceased respondent No.13-A on record. The proposed legal heirs are duly served by way of paper publication. Advocate S.V. Natu appears on behalf of respondent No. 13-A/1. No one appears for other proposal legal heirs.

2.

Heard.

3.

For the reasons disclosed in para 1 to 3 of the present application, there is sufficient ground to condone the delay, set aside the abatement, if any, and to allow to bring the legal heirs of respondent No.13-A on record. Hence, the following order.

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O R D E R

I.

Civil application stands allowed.

II.

Delay of 41 days in bringing legal heirs of respondent No.13-A on record is hereby condoned.

III.

Abatement, if any, stands set aside.

IV.

Legal heirs of respondent No.13-A 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/