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Bombay High CourtCA/110/2017disposed offdismissed for default

Sayed Yusuf Sayed Gafur Deceased Through Lrs Sayed Noorjehan Yusuf And Others v. State Of Maharashtra And Another

2018-06-15Hon'Ble Shri Justice K. K. Sonawane1 pages

1 916-CA-109-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CA/109/2017 IN FA/724/2015 WITH CA/110/2017 IN FA/725/2015 SAYED YUSUF SAYED GAFUR DECEASED THROUGH L.RS. AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. H. U. Dhage.

AGP for Respondent No.1 : Ms. S. S. Raut.

Advocate for Respondent No.2 : Mr. V. S. Bedre ...

CORAM : K.K. SONAWANE, J.

DATED : 15th JUNE, 2018.

Order :- Heard learned counsel for applicant and learned counsel for respondents No. 2 to 4. Perused the applications. 2.

It has been contended that one of appellant namely Sayed Chand Gafur is no more and he passed away in the month of November, 2015. The applicants No. 2(a) to (d) are his legal heirs. They may be permitted to substitute as appellants in this appeal. 3.

Learned counsel for respondents No. 2 to 4 has no any objection to allow this application.

4.

In view of submissions and reasons mentioned in the application, the application stands allowed in terms of prayer clause (B) and (C). The delay caused for filing present application is hereby condoned. The legal heirs of deceased appellant Syed Chand Gaffur be allowed to be appended as appellants in this case. The requisite amendment be carried out within a period of two weeks. 5.

The civil applications stand disposed of in above terms accordingly.

[ K. K. SONAWANE ] JUDGE rrd.