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Bombay High CourtCA/4276/2024application allowed

Vijay Vikram Munde v. Muneeruddin S/O Riyazuddin Inamdar Through G.P.A. Shaikh Mainuddin S/O. Shaikh A. Inamdar And ORS.

2024-06-21Hon'Ble Shri Justice Sandipkumar C. More4 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 2012 OF 2024 IN CIVIL REVISION APPLICATION NO. 42 OF 2007 WITH CIVIL APPLICATION NO. 3593 OF 2020 IN CIVIL REVISION APPLICATION NO. 16 OF 2017 WITH CIVIL APPLICATION NO. 2013 OF 2024 IN CIVIL REVISION APPLICATION NO. 42 OF 2007 WITH CIVIL REVISION APPLICATION NO. 64 OF 2007 WITH CIVIL APPLICATION NO. 4276 OF 2024 IN CIVIL REVISION APPLICATION NO. 16 OF 2017 WITH CIVIL APPLICATION NO. 5731 OF 2024 IN CIVIL REVISION APPLICATION NO. 227 OF 2016 WITH CIVIL APPLICATION NO. 11380 OF 2019 IN CIVIL REVISION APPLICATION NO. 16 OF 2017 WITH CIVIL REVISION APPLICATION NO. 198 OF 2017 HASEEF AHMED MAZHARUDDIN

VERSUS

VIJAY VIKRAMRAO MUNDHE AND OTHERS ...

Civil Application No. 2012 of 2024 Mr. A.P. Bhandari - Advocate fr Applicant Ms. A.N. Ansari - Advocate for Respondent No.4 Civil Application No.3593 of 2020 Mr. A.P. Bhandari - Advocate for Applicant Mr. P.P. Patni h/f. Mr. A.S. Bajaj - Advocate for Respondent No.1 Civil Revision Application No. 64 of 2007 1/4

Ms. A.N. Ansari - Advocate for Applicants Mr. A.P. Bhandari - Advocate for Respondent No.1 Civil Application No. 4276 of 2024 Mr. S.R. Kedar - Advocate for Applicant Civil Application No.5731 of 2024 Mr. A.D. Kasliwal - Advocate for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st June, 2024 PER COURT :

CIVIL APPLICATION NO. 2012 OF 2024 1.

Leave to correct prayer clause-C in respect of names of legal representatives of respondent No.4.

2.

Heard rival submissions.

3.

The applicant is seeking permission to bring legal representatives of deceased respondent No.4 - Abdul Rahim s/o. Jamauddin, who admittedly died on 23.01.2009, by condoning the huge delay of 5404 days. Though the application is strongly opposed, but considering the right to sue, the application stands allowed in terms of prayer clauses 'B' and 'C' subject to cost of Rs.7,500/- (rupees Seven Thousand and Five Hundreds only) to be paid to the 2/4

Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks.

4.

The application is disposed of accordingly.

CIVIL APPLICATION NO. 2013 OF 2024 5.

Leave to correct prayer clause-C in respect of names of legal representatives of respondent No.3.

6.

Heard rival submissions.

7.

The applicant is seeking permission to bring legal representatives of deceased respondent No.3 - Munnumia s/ o. Jamaluddin Shaikh, who admittedly died on 04.03.2021, by condoning the delay of 981 days. Though the application is strongly opposed, but considering the right to sue, the application stands allowed in terms of prayer clauses 'B' and 'C' subject to cost of Rs.1,500/- (rupees one Thousand and Five Hundreds only) to be paid to the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks.

8.

The application is disposed of accordingly.

3/4

CIVIL APPLICATION NO. 5731 OF 2024 9.

Issue notice to proposed legal representatives of deceased respondent No.5, returnable on 12th July, 2024. 10.

List the Civil Application No. 3593 of 2020 alongwith Civil Application No. 64 of 2007, Civil Application No. 4276 of 2024, Civil Application No. 11380 of 2019 and Civil Revision Application No. 198 of 2017 on 12th July, 2024. [ SANDIPKUMAR C. MORE ] JUDGE 4/4