Sayed Haji Sayed Mustaffa And Others v. The State Of Maharashtra And Others

903-2-6220-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6220 OF 2022 WITH WRIT PETITION NO. 3735 OF 2014 Sayed Haji Sayed Mustaffa and Ors ...Applicants

Versus

The State of Maharashtra & Ors

...Respondents

...

Mr. V. C. Solshe, Advocate for the Applicants. Mr. S. P. Shah, Advocate for the Respondent No. 4. Mrs. P. V. Diggikar, AGP, for Respondent - State. Mr. A. P. Bhandari, Advocate for Respondent Nos. 6A to 6F.

...

CORAM:R.M. JOSHI, J DATE :MARCH 28, 2023 PER COURT :

1.

Learned Counsel Mr. A. P. Bhandari causes appearance on behalf of proposed Respondent No. 6A to 6F.

2.

This application is to bring LR's of deceased Respondent No. 6 - Hashmi Sayed Haji, who died on 14.07.2019. Copy of death certificate confirms the said fact. Even otherwise the Counsel for the proposed Respondent does not dispute the factum of death and date of death of the deceased.

Malani

903-2-6220-2022.odt 3.

For the reasons mentioned in the application, this Court finds that no malafides can be attributed to the Petitioner for not taking steps to bring LR's of deceased on record in time. In the interest of justice, application stands allowed in terms of prayer clause 'B' to 'D'. Amendment to be carried out within a week. 4.

Learned Counsel for the proposed Respondents waives service on behalf of these Respondents in Writ Petition No. 3735/2014.

(R.M. JOSHI, J.) Malani