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Bombay High CourtCA/10017/2014admittedallowedgrantedrule absolute

Abdul Rasheed Hamidmiya Jahagirdar Died Lrs Naimkhan And Others v. Hanumant Ambadas Lolge

2015-01-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

(1) C.A. No.10017.14

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10017 OF 2014 IN SECOND APPEAL NO.467 OF 1998 Abdul Rasheed Hamidmiya Jahagirdar, died, L.Rs. Naimkhan & ors.

..APPLICANTS

VERSUS

Hanumant Ambadas Lolge ..RESPONDENT Mr V.V. Bhavthankar, Advocate for applicants; Mr D.D. Sarwade, Advocate holding for Mr S.S. Choudhari, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 23rd January, 2015 ORAL ORDER Mr D.D. Sarwade, learned Counsel states that Mr S.S. Choudhari, learned Counsel appears on behalf of the respondent. Service is complete.

2.

For the reasons stated in the application, delay of 711 days caused in filing application for bringing L.Rs. of deceased appellant is condoned. The delay caused in filing application for setting aside abatement order is condoned. The prayer of the applicants for setting aside abatement, in

(2) C.A. No.10017.14 view of order dated 3rd April, 2013, passed by the Registrar (Judicial) is allowed.

3.

Legal representatives of deceased appellant be brought on record within a period of two weeks from today, subject to payment of costs of Rs.2,000/- to the Library of Advocates Association of Bombay High Court at Aurangabad, within two weeks from today.

4.

Civil Application stands allowed in above terms. (N.W. SAMBRE, J.) amj