This court allowed an interim application seeking delay condonation to bring legal heirs on record, setting aside abatement and directing amendment within three weeks.
Interim Application allowed; abatement set aside; amendment to be carried out within three weeks.
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10.ia.721.2023.doc
Chaitali Ekke
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 721 OF 2023 IN
WRIT PETITION NO. 7059 OF 1999
Mudassar Mohammad Rafique Kokni and Ors. …Applicants In the matter betweeen Ahmedsaheb Fakirsaheb Kokani decd. Thr. Lrs. Rafique Ahmedsaheb Kokani and Ors. …Petitioners V/s. Mohammed Hasanasaheb Khatib & Ors. …Respondents
Mr. Y. D. Patil, AGP for State.
CORAM : RAJESH S PATIL, J. DATED : 25th JANUARY 2023
P.C.:
1 This Interim Application is filed to bring on record the legal heirs of deceased Petitioner No.1.
2 There is a delay of 236 days in filing this Application. The counsel for respondent opposes the application.
3 The Division Bench of this Hon’ble High Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 (supp.) B.C.R. 226, condonced the delay of six years in filing the application of bringing legal heirs on record, relying on Supreme Court
1
10.ia.721.2023.doc
judgment of Sardar Amarjit Singh Kalra (Died) by Lrs and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.
4 Taking into consideration the above judgments and for the reasons stated in the application, Interim Application is allowed in terms of prayer clauses (a) and (b). Abatement stands set aside. Amendment to be carried out within a period of three weeks from today.
(RAJESH S. PATIL, J.)
2
Colour shows how this judgement treated each authority
Keshao Kawadu Maral and another Versus State of MaharashtraReferred¶2
Keshao Kawadu Maral and another Versus State of Maharashtra, 2005 (supp.) B.C.R. 226
Sardar Amarjit Singh Kalra (Died) by Lrs. and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And othersReferred¶2
Sardar Amarjit Singh Kalra (Died) by Lrs. and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, (2003) 3 SCC 272
Ahmedsaheb Fakirsaheb Kokani decd. Thr. Lrs. Rafique Ahmedsaheb Kokani and Ors.
Mohammed Hasanasaheb Khatib & Ors.
RAJESH S. PATIL
As recorded by the court registry
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