Syed Zaker Syed Abul Kasim Died Through Lrs Badrunisa Syed Zaker And Others v. The State Of Maharashtra And Others

84-CA-4879-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4879 OF 2023 IN WP/6172/2014 Syed Zaker Syed Abdul Kasim and Ors ...Applicants

Versus

The State of Maharashtra & Ors

...Respondents

...

Mr. A. K. Gawali, Advocate for the Applicants. Mr. S. P. Shah, Advocate for the Respondent No. 2. Mr. V. C. Solshe, Advocate for the Respondent Nos.4 to 6.

Mrs. P. V. Diggikar, AGP, for the Respondent - State. ...

CORAM:R.M. JOSHI, J DATE :APRIL 11, 2023 PER COURT :

1.

This application is filed for condonation of delay of 975 days in bringing LR's of deceased Petitioner No. 1, Respondent Nos. 4 and 7 on record. 2.

Learned Counsel for the Applicants states that the Petitioner No. 1 died on 14th May, 2019. According to him, in connected Writ Petitions Respondent Nos. 4 and 7 are Petitioners and their LR's are already brought on record. Thus, according to him, no prejudice will cause to Respondents if the delay is condoned and application is allowed.

84-CA-4879-2023.odt 3.

This Court finds no malafides in not preferring application in time. Considering the fact that the same persons are parties in connected Writ Petitions, it is in the interest of justice that present application is allowed by condoning delay caused in bringing LR's of deceased Petitioner No.1 and Respondent Nos. 4 and 7 on record. Hence, Application stands allowed in terms of prayer clause 'B' and 'C'. Amendment to be carried out within a week.

(R.M. JOSHI, J.) Malani