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Bombay High CourtCA/12154/2024admittedallowedgrantedrule absolute

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

2025-04-29Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4739 OF 2025 IN SA/406/1980 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 WITH CIVIL APPLICATION NO. 12154 OF 2024 IN CA/8574/2022 DATTU SANTU BUDHA DIED LRS. SUDAM AND ORS

VERSUS

AMMENABI MIR HUSSAIN KHAN DIED LRS.

MAHMOODABI AND ORS ...

Ms.Wankhede Preeti R., Advocate for the Applicants. Shri A.R. Syed, Advocate for Respondent No.1/2(g). Shri B.V. Virdhe, Advocate for Respondent No.1/2(h). Shri Shaikh Mujtaba Gulam Mustafa, Advocate for Respondent No.1/2(e).

...

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 29th April, 2025 Per Court :- 1.

Civil Application No.4739/2025 is an application seeking condonation of delay of 2642 days in setting aside the abatement against respondent No.1/2(g).

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Issue notice to the proposed legal representatives of respondent No.1/2(g) as mentioned in paragraph No.5 of this application, returnable on 17.06.2025.

3.

In addition to regular mode of service, learned advocate for the applicants to serve the proposed legal representatives by RPAD.

4.

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