Sayyed Ahmed Nohiuddin L.Rs. Syed Ghouse L.Rs. Mujeeb Fatima And Others v. Municipal Corporation Aurangabad Through Administrator

2024:BHC-AUG:1866 46-CA-11911-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11911 OF 2023 IN SA/87/1997 Sayyed Ahmed Nohiuddin L.rs. Syed Ghouse L.rs. Mujeeb Fatima And Others ....Applicant

VERSUS

Municipal Corporation Aurangabad Through Administrator .....Respondent .....

Mr. P. P. Patni h/f Mr. A. S. Bajaj, Advocate for Applicant Mr. S. N. Pagare, Advocate for Respondent ...

CORAM

: R.M. JOSHI, J DATE : JANUARY 29, 2024 PER COURT :

1.

This application is for condonation of delay of 1007 days in bringing LR's of sole Appellant on record and for setting aside abatement.

2.

This appeal is already admitted. Appellant died on 24.09.2020. His LR's did not file application in time for want of knowledge about proceeding. It is after the information received from the Advocate for the Appellant steps are taken. No mala fides can be attributed against Applicants in not preferring

46-CA-11911-2023.odt applications in time.

3.

In view of above, application is allowed in terms of prayer clauses 'A' to 'C'. Amendment be carried out within 2 weeks.

(R. M. JOSHI, J.) Malani