Bombay High CourtCA/12992/2018disposed offdismissed for default

Champalal Nemichand Jain Thorugh Lrs Chandrabai Champalal Jain And Others v. Khaja Bashiroddin Moinoddin Kazi Through Lrs Mhwaja Muzamil Kisar Bashiroddin Kazi And Others

2018-10-19Hon'Ble Shri Justice Ravindra V. Ghuge4 pages

*1* CIVIL APPLICATION NO. 12992 OF 2018 CHAMPALAL NEMICHAND JAIN THORUGH LRS CHANDRABAI CHAMPALAL JAIN AND OTHERS KHWAJA BASHIRODDIN MOINODDIN KAZI THROUGH LRS MHWAJA MUZAMIL KISAR BASHIRODDIN KAZI AND OTHERS.

Advocate for the Applicants : Shri M.M.Jadhav h/f Shri Shah Subodh P.. Advocate for Respondent 6 : Shri C.R.Deshpande. The Applicants claim to be the legal heirs of the sole Petitioner, who has passed away. Delay of two years and ten months has been caused. Reasons are set out in extenso in the Civil Application. The learned Advocate for the original Respondent No.6 has opposed this application. Respondent No.1 in the petition has passed away and Respondent Nos.2 to 6 are his legal heirs. The remark on the cause title indicates that Respondent Nos.2 to 5 have been deleted from the proceedings.

For the reasons stated in the Civil Application and considering the fact that the Applicants are attempting to rescue the writ petition since

*2* the issue involved is as regards the eviction, this Civil Application is allowed. Delay of two years and ten months is condoned by imposing costs of Rs.5000/- (Rupees Five Thousand only). The learned Advocate for Respondent Nos.2 to 6 and who now appears for Respondent No.6 as Respondent Nos.2 to 5 have been deleted, submits that the costs can be donated for the treatment of poor patients.

As such, the Applicants shall deposit the costs of Rs.5000/- (Rupees Five Thousand) as donation for the Ghati Hospital, Aurangabad (Government Medical College and Hospital, Aurangabad), to be deposited with the Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft, to be drawn in the name of "Dean, Government Medical College and Hospital Dengi Samiti, Aurangabad" and produce a receipt of such deposit before the Registry of this Court on or before 02.11.2018. The Applicants shall simultaneously bring the legal heirs of the deceased Petitioner on record in the writ petition on or before 02.11.2018.

If these directions are not complied with, this order shall stand recalled and this Civil Application shall stand rejected without reference to the Court on 03.11.2018.

*3* CIVIL APPLICATION NO.12993 OF 2018 ZARIFBEGUM TANSIFUDDIN AHMED CHAMPALAL NEMICHAND JAIN AND OTHERS.

Advocate for the Applicant : Shri C.R.Deshpande. Advocate for the original Petitioners : Shri M.M.Jadhav h/f Shri S.P.Shah. This Civil Application is filed by the original Respondent No.6 praying for dismissing the writ petition as being abated. Since the legal heirs of the sole deceased Petitioner have been brought on record by an order passed today in Civil Application No.12992/2018, no notice is required to be issued in this civil application. List this civil application on 07.12.2018.

*4* CIVIL APPLICATION NO.12994 OF 2018 CHAMPALAL NEMICHAND JAIN THORUGH LRS CHANDRABAI CHAMPALAL JAIN AND OTHERS KHWAJA BASHIRODDIN MOINODDIN KAZI THROUGH LRS MHWAJA MUZAMIL KISAR BASHIRODDIN KAZI AND OTHERS.

Advocate for the Applicants : Shri M.M.Jadhav h/f Shri Shah Subodh P.. Advocate for Respondent 6 : Shri C.R.Deshpande. This Civil Application is filed by the legal heirs of the original Petitioner praying for condonation of delay of about 10 years (3570 days) caused in filing the civil application for bringing the legal heirs of the deceased Respondent No.3 (Khwaja Matinuddin Bashiruddin Kazi) on record.

Issue notice to the legal heirs of the deceased Respondent No.3 on the addresses mentioned in the cause title of the Civil Application, returnable on 07.12.2018.