Mohd. Osman Raj Mohammad Died Thr. Lrs. 1-A Jameel Osman Shaikh And ORS. v. Mohsinu Raheman Khan S/O Khaja Habibu-Rehman Khan

(1) 927 CRA-186-2004.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7684 OF 2023 IN CIVIL REVISION APPLICATION NO. 186 OF 2004 MOHD OSMAN RAJ MOHAMMED AND ORS

VERSUS

MOHSIN UR REHMAN KHAN KHAJA HABIB UR REHMAN AND ORS ...

Advocate for the Applicants : Mr. A. D. Shaikh h/f Mr. Mujtaba Gulam Mustafa Advocate for Respondent No.1 : Fatema Kazi h/f Mr. S. S. Kazi ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 12th JUNE 2024 ORDER:- 1.

Heard rival submissions.

2.

The applicants want to bring on record legal representatives of deceased applicant No.1 Mohd. Osman Raj Mohammad, who admittedly died on 29.11.2016, by condoning the huge delay of 2034 days.

3.

The learned counsel for the respondent No.1 strongly opposed the application on the ground that no proper reason is given for the delay.

4. However, the application is still pending and therefore, considering right to sue, the application stands allowed in terms of prayer clause (B) subject to cost of Rs. 4000/- (Rupees

(2) 927 CRA-186-2004.odt Four Thousand) to be deposited with Registry of this Court for utilization High Court Dispensary within the period of two weeks.

5.

After depositing of the cost, the necessary amendment be carried out.

6.

Application is accordingly disposed of.

7.

List the Civil Revision Application on 26.06.2024. (SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni