Qureshi Mustafa Abdul Wahab And ORS v. Shaikh Mazhar Mainuddin And ORS

{1} CA 12254 OF 2022 SR.910..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12254 OF 2022 IN CRA/137/2011 QURESHI MUSTAFA ABDUL WAHAB AND ORS

VERSUS

SHAIKH MAZHAR MAINUDDIN AND ORS ...

Advocate for Applicants : Mr. Dhorde Vikram R Advocate for Respondent No. 1 : Mrs. Kazi Fatema Advocate for Respondent Nos. 5-A to 5-G, 6 & 7 : Mr. J.H. Deshmukh Advocate for Respondent No. 9 : Mr. Y.B. Pathan CORAM : RAJESH S. PATIL, J.

DATE : 10th November, 2022.

ORDER :- 1.

This civil application is for bringing on record LRs of deceased applicant No.5 2.

There is a delay of 3421 days in filing this application. The counsel for respondent opposes the application. 3.

The Division Bench of this Hon'ble High Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 (sup.) B.C.R. 226, condoned the delay of six years in filing the application of bringing legal heirs on record, relying on Supreme Court judgment of Sardar Amarjit Singh Kalra (Died) by LRs and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

4.

Relying upon the above judgments and for the reasons stated

{2} CA 12254 OF 2022 SR.910..odt in the application, the same is allowed in terms of prayer clauses (B) and (C).

5.

The Civil Application stands disposed off.

6.

Amendment be carried out within two weeks.

( RAJESH S. PATIL, J. ) grt/-