Salimabee Haji Bademiya And Others v. Bhikan Naseeb Khan Pathan Lrs Fahimudabi And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14188 OF 2023 IN SA/149/2016 Salimabee Haji Bademiya & others ..... Applicants

VERSUS

Bhikan Naseeb Khan Pathan (Deceased through LRs) & others .....Respondents Mr. Shaikh Mujtaba Gulam Mustafa, Advocate for Applicants. Mr. P. P. Mandlik, Advocate for Respondent No. 3. CORAM : R. M. JOSHI, J.

DATE : 6th AUGUST, 2025.

PER COURT :

1.

This is an Application for bringing on record legal heirs of deceased Respondent No. 2 by condoning delay of 388 days. 2.

Perusal of the Application indicates that for want of knowledge of death of Respondent No. 2, delay has been caused. 3.

Learned counsel for proposed Respondents i.e. legal heirs of deceased Respondent No. 2 opposes the Application. 4.

Perusal of the Application does not indicate that there is any deliberate delay on the part of the Applicants to bring legal heirs

- 2 - ca14188.23.odt of deceased Respondent No. 2 on record. No malafides can be attributed to the Applicants. Hence, Application is allowed. 5.

Amendment be carried out within two weeks. Learned counsel Mr. Mandlik waives notice on behalf of the added Respondents.

6.

Place the Appeal for admission on 22.09.2025. ( R. M. JOSHI) Judge dyb