Noorshah S/O Chandushah And Others v. Sayed Osman S/O Syed Razzak And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14583 OF 2016 IN CRA/52/2016 NOORSHAH S/O CHANDUSHAH AND OTHERS

VERSUS

SAYED OSMAN S/O SYED RAZZAK AND OTHERS Mr J.H. Deshmukh, Advocate for applicants Mr A.A. Khan, Advocate for respondent no.1 CORAM : SUNIL P. DESHMUKH, J.

DATE : 16th December, 2016 PER COURT 1.

Heard learned counsel for the parties.

2.

Learned counsel for the applicants refers to the reasons as are appearing in paragraph no.2 of the application, particularly that due to oversight the matter could not be attended to. Under the circumstances, according to him, the stipulations in the conditional order passed could not be complied with.

3.

Learned counsel for the respondent no.1 resists the application stating that the reasons may not be believed. However, he is not in a position to challenge veracity of the contention. In the circumstances, I deem it expedient to grant the application.

4.

As such, the civil application stands granted in terms of prayer clauses (B) and (C) subject to payment of costs of Rs.1,500/-. The costs to be deposited in this court within a period of six weeks from today. Civil application stands disposed of.

SUNIL P. DESHMUKH, JUDGE vvr