Jakira Begum Rahimkhan Pathan Through Lrs Amanulla Khan And Others v. Abdul Azam Mehatasaheb Pathan Through Lrs Tauhida And Others

CA-7633.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7633 OF 2015 IN SECOND APPEAL NO. 98 OF 2012 Jakira Begum Rahimkhan Pathan, since deceased, through legal representatives:

1) Amanullah Khan s/o Rahimkhan Pathan & ors. .. Applicants versus Abdul Azam s/o Mahaetabsaheb Pathan, since deceased through legal representatives : 1-A) Tauhida Abdul Azam Pathan (Khoriwale) and others .. Respondents --- Mr. G. R. Syed, Advocate for applicants Ms. Meenal S. Deshmukh, Advocate h/f Mr. R. S. Deshmukh, Advocate for respondents no. 1 to 7 CORAM :

SUNIL P. DESHMUKH, J.

DATE :

10th March, 2017 ORDER :

1.

Leave to correct.

2.

Heard learned counsel for the parties.

3.

According to learned counsel for the applicants, the reasons causing delay are enumerated in paragraphs no. 2 and 3 of the civil application.

4.

Learned counsel for respondents submits that explanation as appearing under paragraphs no. 2 and 3 of application may

CA-7633.15.doc not be plausible. Learned counsel, however, has not been able to overcome and challenge veracity of the contents of paragraphs no. 2 and 3 of civil application. In the circumstances, it would be expedient to grant application.

5.

In view of aforesaid, civil application stands granted in terms of prayer clauses (B) and (C) and is disposed of. SUNIL P. DESHMUKH, JUDGE pnd