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Bombay High CourtCA/13337/2015admittedallowedgrantedrule absolute

Hyder Khan Akbar Khan Pathan Died Through Gousiya Bee Pathan Hyder Khan And Others v. The Divisional Controller M S R T C Nanded And Anothers

2015-10-29Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13337 OF 2015 IN WRIT PETITION NO.3473 OF 2007 HYDER KHAN S/O PATHAN AKBARKHAN, DIED, THROUGH LR'S APPLICANT

VERSUS

RESPONDENT THE DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT Ms.Supriya Pansambal h/f Mr.V.D.Gunale, Advocate for the applicants.

Mr.Manoj Shinde h/f Mr.M.K.Goyanka, Advocate for the respondent. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 29/10/2015 PER COURT :

1.

By this application, which suffers a delay of 224 days, the applicants pray for leave to bring on record the legal heirs of the deceased petitioner Hyder Khan.

2.

Learned Advocate for the non applicants / petitioner MSRTC do not oppose.

3.

For the reasons set out in the application and considering the khs/Oct. 2015/13337-d

fact that the legal heirs of the deceased petitioner have themselves come forward for being arrayed as respondents in the pending writ petition, delay of 224 days is condoned by imposing nominal costs of Rs.100/- to be deposited with the Advocates' Bar Library, Aurangabad Bench, within a period of 4 (four) weeks from today. 4.

The respondents / Corporation shall bring the applicants on record in the writ petition within 4 weeks from today. 5.

Civil application is accordingly allowed and abatement order, if any, is set aside.

( RAVINDRA V. GHUGE, J.) khs/Oct. 2015/13337-d