Manyar Hasankha Hanifkha And Others v. Rahimbeg Jamsherben Mirza And Another

1 C.A. 16986.2015 in S.A. 108.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 16986 OF 2015 IN CA/3407/2015 WITH CA/3407/2015 IN SA/108/2015 WITH CA/15102/2015 IN CA/3407/2015 MANYAR HASANKHA HANIFKHA AND OTHERS

VERSUS

RAHIMBEG JAMSHERBEN MIRZA AND ANOTHER .....

Mr. M.S.Kulkarni, Advocate for applicants.

Mr. D.A.Madake, Advocate for R - 2 A to 2 F.

.....

CORAM : T.V.NALAWADE, J.

DATE : 8th JUNE, 2016 ORAL ORDER :- .

The application is filed for condonation of delay of 722 days caused to bring L.Rs. of respondent No. 2 on

2 C.A. 16986.2015 in S.A. 108.2015.odt record and also for setting aside abatement as against respondent No. 2. Heard both sides.

2.

In view of the contentions and the submissions made, it appears that death of respondent No. 2 was not informed and he probably died during pendency of First Appeal. In view of the circumstances, application is allowed. The abatement is set aside. Delay is condoned. Permission is granted to bring L.Rs. of respondent No. 2 on record. Amendment is to be carried out in the Appeal memo. 3.

Issue notice to the L.Rs. of respondent No. 2, waives by Mr. D.A.Madake, learned counsel.

4.

List the matter for admission purpose on 30/06/2016. Interim relief, if any, to continue till then. [T.V.NALAWADE, J.] KNP/C.A. 16986.2015 in S.A. 108.2015.odt