Ibrahim Khan Shujat Khan Lrs Khalida And Others v. Abdul Wahab Haji Abdul Rahman And Others

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 38 CIVIL APPLICATION NO. 11885 OF 2015 IN SA/182/2009 IBRAHIM KHAN SHUJAT KHAN LRS KHALIDA AND OTHERS

VERSUS

ABDUL WAHAB HAJI ABDUL RAHMAN AND OTHERS ...

Advocate for Applicants : Chavan Sudhir K.

AGP for Respondent 5 : S.J. Salgare Advocate for Respondent 4 : A.S. Mukhedkar ...

CORAM : T.V. NALAWADE, J.

DATED : 22nd March, 2016.

ORDER :

1.

Civil Application No. 11885/2015 is filed for setting aside the abatement of appeal as sole appellant is dead and the application for bringing legal heirs is not filed in time. Delay of 30 days is caused. Heard both the sides.

2.

In view of the contents of the application and submissions made, this Court holds that sufficient cause is shown. So, the application is allowed. Delay is condoned. Abatement, if any, is set aside. Permission is granted to the legal heirs to come on record and prosecute the matter. Amendment is to be carried out immediately in the appeal memo. List the appeal for final hearing on 12.4.2016.

[ T.V. NALAWADE, J. ] ssc/