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Bombay High CourtCA/17342/2022application allowed

Sharfuddin Khawajuddin Mulla And ORS v. Asadullah Alias Sadullah Hussain Sk Mulla Since Died Thr Lrs B A Hussain Sk Mulla And ORS

2023-11-30Hon'Ble Shri Justice S. G. Mehare2 pages

33- C.A. 17342-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.17342 OF 2022 IN CRA/54/2019 SHARFUDDIN KHAWAJUDDIN MULLA AND ORS

VERSUS

ASADULLAH ALIAS SADULLAH HUSSAIN SK MULLA SINCE DIED THR LRS B A HUSSAIN SK MULLA AND ORS ...

Advocate for Applicants : Mr. S. V. Natu ...

CORAM : S. G. MEHARE, J.

DATE : 30.11.2023 PER COURT :

1.

This is an application for bringing the legal heirs of respondent No.1 on record along with condonation of delay. The proposed legal heirs were served but nobody appeared. Hence, proceeded ex-parte. 2.

As the reasons mentioned in the application are plausible hence the application deserves to be allowed. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) Delay in bringing legal heirs on record is condoned. (iii) The appellant bring the proposed legal heirs of respondent No.1 on record and necessary amendment be carried out within two weeks.

33- C.A. 17342-2022.odt

3. If the amendment is carried out within two weeks the fresh notices be issued to the legal heirs of respondent No.1 returnable on 29th January, 2024.

4.

Interim relief, if any, granted earlier to continue till next date. ( S. G. MEHARE ) JUDGE ysk