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Bombay High CourtCA/9842/2017disposed off

Shaikh Bannu Shaikh Mehboob v. Shaikh Siraj Shaikh Chand And ORS

2022-11-21Hon'Ble Shri Justice Rajesh S. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9842 OF 2017 IN SA/644/2010 SHAIKH BANNU SHAIKH MEHBOOB

VERSUS

SHAIKH SIRAJ SHAIKH CHAND AND ORS ...

Advocate for Applicant : Mr. Prashant K Nikam Adv. for Respondent Nos. 5a to 5e : Mr. .M. Khan. CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 21, 2022.

P.C.:- 1.

This civil application is filed for bringing on record LRs of the deceased respondent Nos. 5 and 6 on record. 2.

There is some delay in filing this application. 4.

The Division Bench of this Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 (supp.) B.C.R. 226, condoned the delay of six years in filing the application for bringing legal heirs on record relying upon judgment of Hon'ble Supreme Court in the case 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.

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For the reasons stated in the application, the civil application is allowed in terms of prayer clauses (B) and (C). 6.

Amendment be carried within two weeks from today. 7.

Civil Application stands disposed off.

[RAJESH S. PATIL] JUDGE.

grt/-