Shaikh Chand Shaikh Nabi v. Shaikh Bashir Shaikh Madar And ORS

(1) 914 CA-15973-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15973/2022 IN CRAST/31103/2022 WITH CIVIL APPLICATION NO. 5469/2023 IN CIVIL APPLICATION NO. 15973 OF 2022 SHAIKH CHAND SHAIKH NABI ....Applicant

VERSUS

SHAIKH BASHIR SHAIKH MADAR AND OTHERS .....Respondents .....

Advocate for Applicant : Mr. M. K. Bhosale Advocate for Respondent No.1 and 2 : Mr. A.P. Bhandari Advocate for Respondent No.3, 4,6 to 9,11 to 14 1,6A, 16B, 18 Mr. S. N. Pawde Advocate for Respondent No.10, 15, and 16-C : Mr. S.N.Pawde ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 10th April 2024 ORDER:- IN CIVIL APPLICATION NO. 15973/2022 1.

The learned counsel for the applicant has filed pursis, mentioning that legal representatives of deceased respondent No.5 are already on record as respondent Nos. 3 and 4. As such, the respondent No.5 be mentioned as "since deceased". 2.

Amendment be carried out forthwith.

3.

Stand over to 24.04.2024

(2) 914 CA-15973-22.odt IN CIVIL APPLICATION NO. 5469 of 2023 1.

Heard rival submissions.

2.

The applicant is seeking permission to bring on record the legal representatives of deceased respondent Nos.10 and 16-C, as mentioned in the application for condonation of delay of 792 days. The learned counsel Mr S. N. Pawade has already appeared on behalf of the aforesaid legal representatives. 3.

However, considering the delay, the application stands allowed in terms of prayer clauses (B) and (C), subject to cost of Rs. 1500/- (Rupees One Thousand Five Hundred), to be paid to the Library, Advocates Association of High Court Bombay, Bench at Aurangabad, within two weeks. Amendment be carried out after depositing of cost.

4.

Application stands disposed.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni