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Bombay High CourtCA/11375/2021application allowed

Noushadbanu Rabbani Shaikh And Others v. Shaikh Jilani Gafrusab Shaikh And Others

2023-01-10Hon'Ble Ms. Justice Gauri Godse3 pages

SPChauhan

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11375 OF 2021 IN CIVIL REVISION APPLICATION STAMP NO. 13065 OF 2021 WITH CIVIL REVISION APPLICATION STAMP NO. 13065 OF 2021 Noushadbanu Rabbani Shaikh and others ... Applicants

Versus

Shaikh Jilani Gafrusab Shaikh and others ... Respondents ....

Mr. A.S. Bayas - Advocate for Applicants ....

CORAM : GAURI GODSE, J.

DATE : 10th January, 2023 PER COURT :

1.

This Civil Application is filed for condonation of delay of 947 days in filing Civil Revision Application. 2.

Office remark shows that notice of the application is served upon the respondents.

3.

None appears for the respondents. There is no reply filed opposing the present application.

4.

Upon perusal of the Civil Application, I find that 1/3

the reasons stated in the application are satisfactory. Hence, for the reasons stated in the application, Civil Application is allowed in terms of prayer clause 'b' which reads thus :

"b.

This Honourable Court may kindly condoned the delay of 947 days in filing second appeal against the impugned judgment and decree dated 04.03.2017, passed by Principal District Judge, Latur in Regular Civil Appeal No. 116/2014."

5.

Civil Application stands disposed of, accordingly. Order in Civil Revision Application Stamp No. 13065 of 2021 1.

Civil Revision Application is arising out of order dated 04th March, 2017, passed by the learned Principal District Judge, Latur, in Regular Civil Appeal No. 116 of 2014. By the said impugned order, the order of the trial court dated 20th June, 2014, thereby, granting heirship certificate to the present applicants is modified. 2.

Considering the facts of the case, the Civil Revision Application can be disposed of finally at admission stage. 3.

Hence, issue notice to the respondents, returnable on 06th February, 2023.

2/3

4.

In addition to Court notice, Advocate for the applicants is permitted to serve the respondents with private notice and file affidavit of service before the next date.

5.

Notice to indicate that the Civil Revision Application will be disposed of finally at admission stage.

[ GAURI GODSE ] JUDGE 3/3