Tolan Saheb Mohd.Ismail Died Lrs Abdul And Others v. Abdul Gafoor Mohd. Ismail Saheb Hangarkekar Died And Others
1 917 CA 8413-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 8413 OF 2018 IN SECOND APPEAL NO. 394 OF 1996 Tolan Saheb Mohd. Ismail Saheb Bagwan (Died through Lrs) ...Applicants
Versus
Abdul Gafoor Mohd. Ismail Saheb, Hangarkekar (Died) & Ors.
...Respondents
.......
Mr. Sabnis, Advocate H/F Mr. N. B. Jadhav, Advocate for Applicants.
Mr. D. R. Bhadekar, Advocate for Respondents No. 1 to 3. Mr. Prashant Deshmukh, Advocate for Respondent No. 5. .......
CORAM :
SMT. VIBHA KANKANWADI, J.
DATE :
17-01-2019.
ORAL ORDER :
01.
Present application has been filed to bring the LRs of the respondents No. 1 and 2 on record. There is delay of 215 and 3625 days' in bringing the LRs of respective respondents. It is stated that except applicant No. 1A, all the other applicants are illiterate. They were not aware about the proceeding. It is also stated that the learned Advocate, who was representing the applicants also died during the pendency of the appeal and therefore, there was a communication gap. The second
2 917 CA 8413-2018 appeal is already admitted. Substantial questions of law are involved and therefore, it is stated that the delay being unintentional be condoned.
02.
Notices were duly served to the proposed legal representatives of respondents No. 1 and 2. They have not appeared. Taking into consideration the fact that whatever averments are made in the application are now uncontested. Though, there appeared to be some lapse on the part of the applicant, since the appeal is admitted, after demonstration of the substantial questions of law, liberal approach is required.
03.
Hence, following order;
ORDER
(i)The application is allowed.
(ii)Delay is hereby condoned.
(iii)The LRs of respondents No. 1 and 2 be brought on record.
(iv)Amendment to that effect be carried out within 15 days.
(v)Stand over to 31.1.2019.
[SMT. VIBHA KANKANWADI] JUDGE Dahibhate/-