Abdul Majjid Shaikh Amir Died Through Lrs. Iirshadbi Abdul Majid And Others v. Shaikh Hakkani Shaikh Munir And Others

2025:BHC-AUG:23956 1 914 ca 10161.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10161 OF 2021 IN SECOND APPEAL NO. 284 OF 2013 Abdul Majjid Shaikh Amir Since deceased Through LRs.

Irshadbi Abdul Majid and others .. Applicants

Versus

Shaikh Hakkani Shaikh Munir and others .. Respondents Shri M. K. Deshpande, Advocate for the Applicants. Shri Milind M. Patil (Beedkar), Advocate for the Respondent Nos. 1, 2, 4 to 7.

Shri N. D. Raje, A.G.P. for the Respondent Nos. 8 and 9. CORAM : SHAILESH P. BRAHME, J.

DATE : 09TH SEPTEMBER, 2025.

FINAL ORDER :

.

Applicants seek condonation of delay, setting aside abatement and bringing legal heirs of applicant/appellant No. 4 on record.

2.

For the reasons stated in the application the delay is sought to be condoned.

3.

Cause of action survives against legal heirs of the deceased appellant No. 4. They are necessary parties. Learned counsel for

2 914 ca 10161.21 the applicant has instructions to appear for the heirs of the appellant No. 4.

4.

For the reasons stated in the application, the civil application stands allowed in terms of prayer clauses 'B' and 'C'. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Sept. 25