Attiqkur Raheman Subhankhan Pathan v. Mohammad Juber Alil Mohd Thekiya L.Rs. Siraj Bano And Others
2024:BHC-AUG:8311 909ca800-24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 800 OF 2024 IN SA/499/2011 ATTIQKUR RAHEMAN SUBHANKHAN PATHAN
VERSUS
MOHAMMAD JUBER ALIL MOHD THEKIYA L.RS. SIRAJ BANO AND OTHERS ...
Mr. K. V. Morey h/for Mr. P. R. Katneshwarkar, Advocate for Applicant Mr. Amit Mukhedkar, Advocate for the Respondents
CORAM
: Y. G. KHOBRAGADE, J.
DATE : 18th April, 2024 ORDER:
1.
While hearing, the learned counsel appearing for the applicant stated that present Respondent No. 1.1- Siraj Bano w/o Mohammad Juber Thekiya, wife of sole deceased Respondent, died on 11.04.2022 leaving behind her Legal heirs - Respondent Nos. 1.2 to 1.7 who are named in the present application, hence prayed for deletion of name of Respondent No. 1.1. The leaned counsel for the applicant prayed for condonation of delay of 2578 days caused while presenting the application for bringing legal heirs of the deceased respondent on record. The learned counsel for the respondents/legal heirs resisted the application on the ground that the delay has not been properly explained.
2.
According to the applicant, he was not aware about the death of respondent and soon after he got knowledge, the present application
909ca800-24 has been filed, hence, the delay caused is not intentional and it is bonafide. In view of the above, I am inclined to grant the present application and proceed to pass the following order:
O R D E R
(i) The Civil Application No. 800 of 2024 is allowed. Delay of 2578 days caused in bringing the legal heirs of deceased respondent on record is condoned.
(ii) The applicant is hereby permitted to delete the name of Respondent No. 1.1.
(iii) The applicant is permitted to bring the legal heirs of Respondent i.e. Respondent No. 1.2 to 1.7 on record. (iii) Abatement is set aside.
(iv) Necessary amendment be carried out within two weeks from today.
( Y. G. KHOBRAGADE, J. ) JPChavan