Abdul Azam Mahetabsaheb Pathan (Khoriwale) And ORS v. Jakira Begum Rahimkhan Pathan And ORS

CA 8823/12 in SAST 33284/11 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8823/2012 IN SECOND APPEAL (ST.) NO.33284/2011 Abdul Azam Mahetabsaheb Pathan (Khoriwale), died, through L.Rs. & others.

...Applicants..

Versus

Jakira Begum Rahimkhan Pathan, through L.Rs.Amanulla Khan & others.

...Respondents...

.....

Shri A.R. Joshi, Advocate h/f Shri R.S. Deshmukh, Advocate for applicants.

Shri G.R. Syed, Advocate for respondent no.3 to 7 and 9. .....

CORAM: N.W. SAMBRE, J.

DATE: 17.07.2015 ORDER :

1] Shri A.R. Joshi, learned counsel for the applicants submits that Civil Application No.9280/2014 was moved within time, which was for bringing L.Rs. of deceased appellant no.1 on record and as such there was no necessity to issue notices to the proposed L.Rs. of appellant no.1 as he himself is appearing for the said parties. In the light of above, he prays for recalling the order dated 27.4.2015 and 25.6.2015.

2] I am convinced that the application for bringing L.Rs. of appellant no.1 is required to be granted as the

CA 8823/12 in SAST 33284/11 - 2 - same is moved within time and Shri A.R. Joshi Advocate h/f Shri R.S. Deshmukh Advocate is appearing for the L.Rs. of appellant no.1. As such, the orders dated 27.4.2015 and 25.6.2015 are recalled. Civil application stands allowed. Appropriate amendment be carried out within two weeks from today.

(N.W. SAMBRE, J.) ndk/c1771520.doc