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Bombay High CourtCA/6475/2024admittedallowedgrantedrule absolute

Shaikh Farid Rahman Saheb L.Rs. Kamarunisa And Others v. Shaikh Mehmood Sk Mahboob Deceased L.Rs. Hamidabee And Others

2024-11-22Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:27563 948CA6475.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 CIVIL APPLICATION NO. 6475 OF 2024 IN SA/198/2003 WITH SECOND APPEAL NO. 198 OF 2003 SHAIKH FARID RAHMAN SAHEB LRS. KAMARUNISA AND OTHERS

VERSUS

SHAIKH MEHMOOD SK MAHBOOB DECEASED THROUGH LRS HAMIDABEE AND OTHERS ...

Advocate for Applicant : Mr. Afzal Hussain M. Vakil Advocate for Respondent No. 1 : Mr. Parag Barde Advocate for Respondent Nos. 2 to 6 & 7a to 7d : Mr. S.S. Khoche h/f. Mr. D.P. Palodkar ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : November 22, 2024 PER COURT :- 1.

This application is moved by legal heirs of Sk. Farid (original respondent no. 3 in Second Appeal no. 198/2003).

2.

Mr. Barde learned Advocate appearing for the appellant do not have serious objection to the prayers in this application. Although, there is delay of 1318 days that has been duly explained. Since the proceedings are arising out of partition suit, it is in the interest of justice that LRS of all original parties in the suit are on record.

948CA6475.2024.odt 3.

In that view of the matter, the application is allowed in terms of prayer clause 'B' and 'C'. The appellant to carry out the necessary amendment in the title clause. ( S. G. CHAPALGAONKAR ) JUDGE spc-