Shaikh Chand Pasha Shaikh Gaffar v. Abdul Munaf Abdul Hakeem Died Lrs. Shikh Kulsum Shaikh Babu And ORS.

2024:BHC-AUG:12433

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 12435 OF 2023 IN SA/185/2011 WITH SECOND APPEAL NO. 185 OF 2011 WITH CIVIL APPLICATION NO. 15160 OF 2015 IN SA/185/2011 Shaikh Chand Pasha Shaikh Gaffar

VERSUS

Abdul Munaf Abdul Hakeem Died Lrs. Shikh Kulsum Shaikh Babu And Ors. ...

Advocate for Applicant : Mr. Anand Dale h/f. Mr. S.S. Rathi ...

CORAM

: KISHORE C. SANT, J.

Dated : June 28, 2024 PER COURT :- 1.

As per bailiff report, notices of respondent Nos. 1B and 1C are returned unserved as refused to accept notice. Since notices are refused to accept, it amounts to good service. Thus, the respondent Nos. 1B and 1C be treated as served.

2.

Since all the respondents have been served and none appears for the respondents, for the reasons stated in Civil Application No. 12435/2023 filed for bringing legal heirs of deceased sole respondent on record by condoning the delay of 1553 days, the application stands allowed. Delay is condoned. Legal heirs of deceased sole respondent be brought on record within two weeks from today by amending the title clause of the appeal and application. Abatement, if any, is set aside. Civil application is disposed of. ( KISHORE C. SANT, J. ) ssc/