Shrirang Sadashiv Jagtap Died Lrs. Laxmibai Shriram Jagtap And ORS v. Khaja Hussain Madarsaheb Saudagar Died Lrs. Lailabee Khaja Hussain Saudagar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 CIVIL APPLICATION NO.4731 OF 2020 IN SA/176/2016 SHRIRANG SADASHIV JAGTAP DIED LRS. LAXMIBAI SHRIRAM JAGTAP AND ORS

VERSUS

KHAJA HUSSAIN MADARSAHEB SAUDAGAR DIED LRS. LAILABEE KHAJA HUSSAIN SAUDAGAR AND OTHERS ...

CORAM:

H.M.BHOSALE REGISTRAR (JUDL) DATED: 03/02/2021 1.

This Civil Application is preferred by the applicants to bring on record legal heirs of sole respondent Khaja Hussain Madarsaheb Saudagar who died on 13.5.2019. In support of averments in the application, death certificate of sole respondent is filed on record. It is evident from the death certificate that sole respondent expired on 13.5.2019. The 90th day fell on 10.8.2019 which was holiday. There were Government holidays from 10.8.2019 to 12.8.2019 and Application is filed on 13.8.2019, therefore, it is within limitation. 2.

Considering above and by virtue of the provisions under Chapter II Rule 3 sub rule (i) of the Bombay High Court Appellate Side Rules, the application is allowed. The necessary amendment be carried out within stipulated period.

REGISTRAR (JUDL) 4 CIVIL APPLICATION NO.4731 OF 2020