Qayyum Ahmad Khan Waheed Ahmad Khan And Another v. Fatima Banoo Fazal Mohammed Khan Through Lrs Khan Mustafa Fazal Mohammed Khand And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.15281 OF 2019 Qayyum Ahmad Khan s/o Waheed Ahmad Khan & another Petitioners

Versus

Fatima Banoo Fazal Mohammed (Deceased through LRs) Respondents Mr. Shaikh Kayyum Najir, Advocate for the petitioners. CORAM : Ravindra V.Ghuge, J.

DATE : 19th December, 2019.

PER COURT :

1.

The petitioners are aggrieved by the order dated 21.01.2019 passed by the trial Court by which, Civil M.A. No. 353/2015 fled by the petitioners praying for condonation of delay and setting aside the ex-parte judgment delivered in counter claim of Regular Civil Suit No. 1001/1990 dated 20.08.2013, has been rejected.

2.

The petitioners have a statutory remedy under the Code of Civil Procedure.

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This petition is therefore disposed off with liberty. The time spent by the petitioners in this Court from 11.06.2019 till the passing of this order, shall be a good ground for seeking condonation of delay.

Ravindra V.Ghuge Judge dyb