Sharifa Begum Jilani Chaus And Others v. Dagdubhai Rahimbhai Died Through Lrs Sayyad I Sayyad Died Lrs Sayyad Nashir Sayyad Imam And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5729 OF 2017 IN WP/11321/2016 SHARIFA BEGUM JILANI CHAUS AND OTHERS

VERSUS

DAGDUBHAI RAHIMBHAI DIED THROUGH LRS ...

Advocate for Applicants : Shri Naiknavare Ramesh V. Advocate for Respondent : Shri Pawar H.B. h/f Shri Tungar H.V. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: July 14, 2017 ...

PER COURT :- 1.

The applicants pray for being added as legal heirs to the petition in the light of respondent No.1 Syed Sharifa having passed away and as L.Rs. of respondent No.1B Habiba having passed away. 2.

It is apparent that this Civil Application is beyond time. Same is delayed by 29 years and 1 month to the extent of respondent No.1 Sharifa and 26 years and 5 months with regard to deceased respondent 1B Habiba. 3.

Learned counsel for the applicants strenuously submits that all the applicants are from Latur and Aurangabad. The only explanation given is that they did not have the knowledge of the proceedings. It is, however, not stated as to how did they gather knowledge of the pending Writ Petition No.11321 of 2016.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - CIVIL APPLICATION NO. 5729 OF 2017 4.

Considering the above and the skeletal explanation putforth, I do not find any reason to condone the delay of 29 years and 26 years in order to allow this application.

5.

This application is, therefore, rejected.

( RAVINDRA V. GHUGE, J. ) ...

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