Husain Meheboob Shaikh (Died) Thr. Lrs Masood Husain Shaikh And Others v. The Mukhed Masjid Trust Thr. Trustees Jalil Akbar Inaamdar And Others

2024:BHC-AUG:3646 (1) 920 CA -12932.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 12932 OF 2023 IN CRA/148/2016 HUSAIN MEHEBOOB SHAIKH (DIED) THROUGH LRS MASOOD HUSAIN SHAIKH AND OTHERS

VERSUS

THE MUKHED MASJID TRUST THROUGH TRUSTEES JALIL AKBAR INAAMDAR AND OTHERS ...

Ms. Poonam Bodkhe Patil, Advocate for the applicants. Mr. V.S. Badakh, A.G.P. for respondent - State. Mr. Y.B. Pathan, Advocate for respondent Nos.1 to 6. Mr. H.I. Pathan, Advocate for respondent No. 7 ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 21 February 2024 ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring all the legal representatives of deceased applicant No.1 Husain Meheboob Shaikh on record who admittedly died on 26.09.2018, by condoning the delay of 5 years 15 days. It appears that other legal heirs of deceased applicant No.1 are already on record. But the legal heirs mentioned in this application were left out.

3.

The learned Counsel for the respective respondents strongly opposed the application on the ground that there is huge delay. Therefore, considering such delay the application

(2) 920 CA -12932.2023.odt stands allowed in terms of prayer clauses (B), (C), (D) and (E) subject to cost of Rs. 2500/- to be paid to Library, Advocates Bar Association at Bombay, at Aurangabad till next date. The amendment be carried out within stipulated period. Civil Application No. 12932 of 2023 is accordingly disposed of. 4.

List the Civil Revision Application on 07.03.2024. The interim relief granted earlier in the CRA to continue till then. (SANDIPKUMAR C. MORE, J.) vd_dhirde