Shaikh Omer Shaikh Amin (Died) Lrs Shaikh Hafiz (Died) Lrs Afsar Begum And Others v. Dhavji Ganu Pawar (Died) Lrs Pandu And Others

9175.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO.9175 OF 2019 IN SECOND APPEAL NO.761 OF 2007 SHAIKH OMER SHAIKH AMIN (DIED) L.RS.SHAIKH HAFIZ (DIED) LRS AFSAR BEGUM AND OTHERS

VERSUS

DHAVJI GANU PAWAR (DIED) LRS PANDU AND OTHERS ...

Ms.A.N.Ansari, Advocate for the applicants.

...

CORAM : V.L.ACHLIYA,J.

DATE : 06.03.2020 P.C.

1] This application is filed to bring the legal heirs of deceased appellant no.3iii, with prayer for condonation of delay, by setting aside the order of abatement.

2] Heard learned counsel for the applicants. None present for the respondents. 3] On due consideration of the submissions advanced in the light of facts pleaded in the application and the delay has been properly explained, I am of the view that the application deserves to be allowed.

9175.19CA.odt Accordingly, the application is allowed in terms of prayer clauses 'B', 'C' and 'E'.

4] Necessary amendment/substitution be carried out within two weeks from today.

5] Amended copy of the memo of appeal be furnished to the other-side.

6] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC