Allowed¶18

Usmanali S/O Husainali Kazi Died through His Lrs Maidabi Usmanali Kazi and Ors. v. Sadikali S/O Ahemadali Kazi

Bombay HC21 Aug 2025CA/8684/2025

Case brief

AI extract

What is this about?

Condonation of delay; setting aside abatement; legal heirs/legal representatives brought on record in second appeal; pursis dated 13.01.2022 in lower Appellate Court; daughters of deceased appellant recognised as heirs though not shown below; right to prosecute second appeal left open; amendment within two weeks; High Court of Bombay, Aurangabad Bench; 2025:BHC-AUG:22991; decision dated 21.08.2025.

What did the court decide?

Application for condonation of delay, setting aside abatement and bringing the heirs of deceased applicant No. 1 on record allowed in terms of prayer clauses 'A' and 'B'; amendment directed to be carried out within two weeks. ¶18

Usmanali S/O Husainali Kazi Died through His Lrs Maidabi Usmanali Kazi and Ors. Vs Sadikali S/O Ahemadali Kazi — Bombay HC (2025) — LawSathi Research

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2025:BHC-AUG:22991

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1 939 ca 8684.25

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 8684 OF 2025 IN

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SECOND APPEAL STAMP NO. 1033 OF 2025

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Usmanali S/o Husainali Kazi

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Since deceased Through His Lrs Maidabi Usmanali Kazi and others .. Applicants

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Versus

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Sadikali S/o Ahemadali Kazi .. Respondent

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Shri Ramrao D. Biradar, Advocate for the Applicants. Shri S. V. Natu, Advocate for the Respondent.

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CORAM : SHAILESH P. BRAHME, J. DATE : 21ST AUGUST, 2025.

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FINAL ORDER :

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. Present application is for condonation of delay, setting aside abatement and bringing heirs of the applicant No. 1 – Usmanali Hussainali Kazi on record.

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Applicant Nos. 2.1 to 2.8 as shown in the title cause are heirs of deceased Usmanali. It is contended that the cause of action survives against them and they are necessary parties.

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As against that Mr. S. V. Natu, learned counsel for the respondent informs that when the matter was in the lower Appellate Court a pursis was submitted on 13.01.2022, a copy of

¶16

2 939 ca 8684.25

¶17

which is tendered on record, which is marked as Exhibit – X. In pursuance of the pursis, applicant Nos. 2.1 to 2.5 who were already on record, were treated to be legal heirs of Usmanali Hussainali Kazi. He would further submit that due to representation of the lawyer of then appellant No. 3 as mentioned in the pursis wife and sons were treated to be heirs.

¶18

Applicant Nos. 2.6 to 2.8 are the daughters of the deceased Usmanali, who were not shown to be legal heirs in the lower appellate Court. Their status as heirs cannot be disputed at this juncture. Keeping the point open as to whether they can prosecute second appeal or not, I propose to allow the application. The civil application is allowed in terms of prayer clauses ‘A’ and ‘B’. The civil application is disposed of.

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Amendment to be carried out within a period of two (02) weeks from today.

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[ SHAILESH P. BRAHME J. ]

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bsb/Aug. 25

Usmanali S/O Husainali Kazi Died through His Lrs Maidabi Usmanali Kazi and Ors. v. Sadikali S/O Ahemadali Kazi

Case brief

What is this about?

What did the court decide?

Usmanali S/O Husainali Kazi Died through His Lrs Maidabi Usmanali Kazi and Ors. v. Sadikali S/O Ahemadali Kazi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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