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Bombay High CourtCA/14252/2022admittedallowedgrantedrule absolute

Sk. Bashir Alam Patel Died Lrs Shaikh Isaque Shaikh Bashir And ORS v. Shaikh Ahmed Sk. Alam Patel Died Lrs. Akbar Ahmed Shaikh And ORS

2024-04-03Hon'Ble Shri Justice Sandipkumar C. More3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 5706 OF 2017 IN SAST/7463/2016 WITH CIVIL APPLICATION NO. 14252 OF 2022 IN SAST/7463/2016 Sk. Bashir Alam Patel Died Lrs Shaikh Isaque Shaikh Bashir And Ors ....Applicant

VERSUS

Shaikh Ahmed Sk. Alam Patel And Ors .....Respondent .....

Advocate for Applicants : Mr. Akram Inamdar h/f Mr. S. S.Kazi .....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 03rd April 2024 ORDER:- IN CIVIL APPLICATION NO. 5706/2017 1.

Heard learned counsel for the applicants.

2.

The learned counsel for the respondents, despite appearance, remained absent.

3.

The application is filed for bringing on record legal representatives of deceased applicant No.6-A, who admittedly died on 14.08.2015, by condoning the delay of 114 days.

(2) 4.

There is no oppose to the application, and considering the right to sue, the application stands allowed in terms of prayer clauses (B) and (C), subject to cost of Rs. 500/- (Rs. Five Hundred) to be paid to the Library, Advocate Association of High Court Bombay, Bench at Aurangabad.

5.

The amendment be carried out within stipulated period after deposit of cost.

6.

The application is accordingly disposed of.

IN CIVIL APPLICATION NO. 14252 OF 2022 1.

Heard learned counsel for the applicants.

2.

The learned counsel for the respondents, despite appearance, remained absent.

3.

The application is filed for bringing on record legal representatives of deceased respondent No.1 Sk. Ahmed Sk. Alam Patel , who admittedly died on 04.09.2019, by condoning the delay of 1021 days.

4.

There is no oppose to the application, and considering the right to defend, the application stands allowed in terms of prayer clauses (B) and (C), subject to cost of Rs. 1500/- (Rs. One Thousand Five Hundred) to be paid to the Library, Advocates' Association of High Court Bombay, Bench at

(3) Aurangabad.

5.

The amendment be carried out within stipulated period after deposit of cost.

6.

The application is accordingly disposed of.

7.

List the Second Appeal on 17.4.2024 (SANDIPKUMAR C. MORE, J.) Y.S.Kulkarni