Mohd Ahmeduddin Faroqui Mohd Afzaluddin Faroqui And ORS v. The State Of Maharashtra Through The Collector Parbhani And ORS

(1) 920 CA-5966.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.5966 OF 2023 IN FA/2244/2011 MOHD AHMEDUDDIN FAROQUI MOHD AFZALUDDIN FAROQUI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR PARBHANI AND OTHERS ...

Mr. Mahesh Kale, Advocate for the applicants. Mr. B.V. Virdhe, A.G.P. for respondent Nos.1 and 2. Mr. S.G.Bhalerao, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

3rd May 2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring legal representatives of deceased applicant appellant Nos.2 and 5 on record in the appeal by condoning the delay of 305 days. It appears that applicant Nos.2-A and 2-B are the legal heirs of deceased applicant No.2 whereas the legal heirs of deceased applicant No.5 are already on record. Admittedly, the applicant Nos.2 and 5 have died on 11.08.2021 and 26.03.2021 respectively.

(2) 920 CA-5966.2023.odt 3.

There is no strong objection from other side and considering the right to sue, the application stands allowed in terms of prayer clauses-B, D and E .

4.

The applicants are directed to carry out the amendment forthwith.

5.

Application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde