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Bombay High CourtCA/3905/2025disposed off

Ali Babamiyan Khureshi v. Shaikh Yusuf Shaikh Dagdu And Others

2025-04-23Hon'Ble Shri Justice R. G. Avachat , Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 916- W. P.No. 721-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3906 OF 2025 IN WP/721/2018 WITH CIVIL APPLICATION NO. 3905 OF 2025 IN CAST/41063/2019 SHAIKH YUSUF SHAIKH DAGDU

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Adv. M. N. Shaikh h/f Mr. S.S. Kazi AGP for Respondent/State: Mr. S. R. Yadav Lonikar ...

CORAM :

R. G. AVACHAT AND SANDIPUKUMAR C. MORE, JJ.

DATED : APRIL 23, 2025 ORDER :- IN CIVIL APPLICATION NO. 3906 OF 2025 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record being the legal representatives of deceased petitioner Shaikh Yusuf s/o Shaikh Dagdu, who admittedly died on 5.1.2021. 3.

There is no strong objection from the other side. Moreover, the application is within time and hence it stands allowed in terms of prayer clause (B) and disposed of.

4.

Necessary amendment be carried out within stipulated period. 5.

Applications is disposed of accordingly.

(2) 916- W. P.No. 721-2018.odt IN CIVIL APPLICATION NO. 3905 OF 2025 :

1.

Heard rival submissions.

2.

The applicant/intervenor is seeking permission to restore his application of intervention bearing Civil Application Stamp No. 41063 of 2019 in W.P. No.721/2018, which was dismissed for non removal of office objections under order dated 25.04.2022. 3.

The learned counsel for the petitioners strongly opposed the application on the ground of delay and also on the ground that intervenor is not having any locus.

4.

However, since the petition of the petitioner is pending, the intervention application can be restored for proper adjudication. In view of the same, the present application stands allowed in terms of prayer clause (B) and (C). No order as to costs. 5.

Applications is disposed of accordingly.

IN WRIT PETITION NO. 721 OF 2018 1.

Place the matter on 24th June 2025.

2.

Interim relief, if any granted earlier, to continue till then. (SANDIPKUMAR C. MORE) (R. G. AVACHAT ) JUDGE JUDGE Y.S. Kulkarni