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Bombay High CourtCA/7777/2015admittedallowedgrantedrule absolute

Saberabee Mohammad Khaja And Others. v. Mohammad Hussain Mohammad Khaja Amina Begam And Others.

2015-08-28Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 7777/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 7777 of 2015 In Second Appeal No. 123 of 1995 Saberabi W/o Md. Khaja & Others.

.. Applicants.

Versus

Md. Husain S/o Md. Khana (Died) through legal representatives. .. Respondents. -------- Shri. H.I. Pathan, Advocate, for applicants. Smt. Surekha Biradar, Advocate, holding for Shri. D.R. Shelke, Advocate, for respondents.

-------- CORAM: T.V. NALAWADE, J.

DATE : 28 AUGUST 2015 ORDER:

1) The application is filed for condonation of delay of 1564 days caused in bringing legal representatives of respondent No.1 on the record and for permission to bring legal representatives on record. Learned counsel for proposed legal representatives is present and she is heard.

2 CA 7777/2015 2) In view of the contentions made in the application, the application is allowed. Abatement in respect of respondent No.1 of the appeal is set aside. Delay is condoned. Permission is granted to bring legal representatives on record. Amendment in the main matter is to be carried out immediately. Learned counsel waives notice for the legal representatives.

Sd/- (T.V. NALAWADE, J. ) rsl