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Bombay High CourtCA/4142/2023disposed off

Dashrath Sakharam Bhande And ORS v. Usman Ibrahim Shaikh Since Deceased Thr Lrs Mehtab Usman Shaikh And ORS

2023-08-17Hon'Ble Shri Justice Arun R. Pedneker1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO.4142 OF 2023 IN CRA/208/2016 DASHRATH SAKHARAM BHANDE AND ORS

VERSUS

USMAN IBRAHIM SHAIKH SINCE DECEASED THR LRS MEHTAB USMAN SHAIKH AND ORS ...

Advocate for Applicants : Mr. G.D. Jain h/f. Mr. H.V. Patil Advocate for Respondent 1/1 & 1/2 : Mr. Akram Inamdar h/f. Mr. S.S. Kazi ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 17/08/2023 PER COURT :

1.

Civil Application is filed to bring the legal heirs of deceased respondent No. 1 on record along with prayer for condonation of delay of 371 days caused in filing the application.

2.

The learned counsel for the applicants submits that respondent No. 1 died on 25.8.2021 and the same was reported to Gram Panchayat on 27.5.2022 and thereafter, the applicants came to know about the death of respondent No. 1. Thereafter, they immediately approached Gram Panchayat and obtained death certificate and thereafter, they approached the advocate. Thus, delay of 371 days has been caused in filing the present application.

3.

For the reasons stated in the application, the delay is condoned. The application is allowed. The petitioners to carry out necessary amendment within a period of three weeks from today. Civil Application is disposed of. [ARUN R. PEDNEKER J.] ssc/