Dattu Santu Budha Died Lrs. Sudam And ORS v. Ammenabi Mir Hussain Khan Died Lrs. Mahmoodabi And ORS

*1* 946sa406o80

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4304 OF 2025 IN CIVIL APPLICATION NO. 12154 OF 2024 IN CA/8574/2022 WITH SECOND APPEAL NO. 406 OF 1980 WITH CIVIL APPLICATION NO. 3382 OF 2025 IN CA/8573/2022 WITH CIVIL APPLICATION NO. 8574 OF 2022 IN SA/406/1980 DATTU SANTU BUDHA LRS SUDAM AND ORS

VERSUS

AMMENABI MIR HUSSAIN KHAN LRS MAHMOODABI AND ORS ...

Ms. Preeti R. Wankhede, Advocate for the Appellants. Shri A.R. Syed and Shri B.V. Virdhe, Advocates for the respective respondents.

...

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 16th April, 2025 Per Court :- 1.

The learned advocate for the appellants submits that she has filed Civil Application No.4304/2025 seeking amendment to Civil Application No.12154/2024 to incorporate the prayer for condonation of delay and setting aside the

*2* 946sa406o80 abatement. However, she now submits that she wants to file a separate application seeking condonation of delay and setting aside the abatement, instead of pressing this application for amendment to Civil Application No.12154/2024. 2.

Request is granted.

3.

Civil Application No.4304/2025 is permitted to be withdrawn with liberty to file a fresh Civil Application seeking condonation of delay and setting aside the abatement with respect to respondent No.1-2G. Appropriate application be filed within a period of one week. In view of this, Civil Application No.4304/2025 is disposed of.

4.

The matter be listed on 30.04.2025.

5.

Till then, the statement made by the learned advocates for the respondents on 04.04.2025 that they will not press for orders for delivery of possession, shall continue. kps ( PRAFULLA S. KHUBALKAR, J.)