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Bombay High CourtCA/11780/2021admittedallowedgrantedrule absolute

Krishna Raibhan Chavan And ORS v. Fatemabi Abdul Rehman And ORS

2025-03-25Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

ca 11778.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 CIVIL APPLICATION NO. 11778 OF 2021 IN SA/345/2013 Krishna Raibhan Chavan And Ors

VERSUS

Fatemabi Abdul Rehman And Ors ...

Advocate for Appellant : Mr. P. S. Dighe h/f V.R.Dhorde Advocate for Respondent 16 : Mr. Fatema Kazi h/f Mr. S.S. Kazi Advocate for Respondents : Mr. Godhamgaonkar P.G ...

WITH CIVIL APPLICATION NO. 11780 OF 2021 IN SA/345/2013 WITH CIVIL APPLICATION NO. 11777 OF 2021 IN SA/345/2013 CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 25, 2025 ORDER :- CA NO.11778/2021 IN SA 345/2013 1.

Learned counsel appearing for the applicants submits that since respondent no.15 is already deleted, he do not press this application. In the result, the application stands disposed of.

CA for L.Rs. And Delay :- 2.

Heard learned advocate appearing for the applicant. The applicant seeks permission to bring on record legal heirs of deceased respondent nos.8. The applicant also prays to condone the delay.

ca 11778.25.odt 3.

Learned counsel appearing fo the applicants submits that delay is occasioned since the appellant was not having knowledge about death of respondent nos.8 and 9. It is only when the matter was posted for hearing before this Court, learned advocate appearing for the respondent informed about death and immediately thereafter steps are taken. 4.

The statements in the application in this regard are not controverted by respondents by filing affidavit-in-reply. 5.

In that view of the matter, sufficient cause is made out to condone the delay. There is no impediment in allowing the application. In the result, application is allowed in terms of prayer clause 'A' and 'B' and disposed of.

6.

Amendment to be carried out within a period of two weeks from today.

( S. G. CHAPALGAONKAR, J. ) ...

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