Moh. A.O. Morve, Died Thr L.Rs. Moh. A.K.Osmansab Morve Died Thr L.Rs. Jaibunnisa A Morve And Other v. Somnath Sadashiv Bisle, Died Through L.Rs. Ramling Somnath Bisle And Others

{1} ca11342-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11342 OF 2016 IN CIVIL REVISION APPLICATION STAMP NO.8308 OF 2012 Mohammad Allabkash Osmansab Moreve and Ors. APPLICANTS

VERSUS

Somnath Sadashiv Bisle RESPONDENTS .......

Mr. G. S. Rane h/f Mr. M. S. Kulkarni, Advocate for the applicants Mr. S. B. Gastgar, Advocate for respondents .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 7 th APRIL, 2017 ORDER :

1.

It appears that while civil revision application against appellate judgment and order was being preferred by predecessor of present applicants, there had been delay of about 98 days in filing civil revision application and hence an application seeking condonation of delay was filed. During pendency of that application, applicants' predecessor who had preferred civil revision application had died. The applicants further refer to that they were not aware about legal procedure and under the circumstances, delay has been caused in filing present application. It has further been pointed out that one

{2} ca11342-16 more revision, bearing civil revision application No. 279 of 2011 filed by present respondents has been pending and also that an application has been moved therein for bringing present applicants as legal heirs of deceased respondent in that revision application.

2.

Taking overall view of the matter and particularly taking into account the guidelines of the Supreme Court in "Collector, Land Acquisition Anantnag V/s Katiji" reported in 1987 AIR (SC) 1353 it would be expedient to grant application.

3.

Accordingly, civil application stands granted in terms of prayer clauses "B" and "C" and stands disposed of. [SUNIL P. DESHMUKH, J.] drp/ca11342-16