925 SA NO. 104 OF 1988.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 925 SECOND APPEAL NO. 104 OF 1988 Syed Abdul Haq @ Alimoddin (l.rs.) Syed Mukhtar. VERSUS Syed Arifulla Syed Ahemadulla Hashmi And Others. ... Mr. Rajeev B Deshmukh, Advocate for Appellant Mr. V. M. Maney, Advocate for Applicant in CA/13083/2024 WITH CIVIL APPLICATION NO. 10372 OF 2024 IN SA/37/2022WITH CIVIL APPLICATION NO. 700 OF 2022 IN SA/37/2022WITH CIVIL APPLICATION NO. 4468 OF 2025 IN CA/13083/2024WITH SECOND APPEAL NO. 37 OF 2022WITH CIVIL APPLICATION NO. 13083 OF 2024 IN SAST/16370/2021 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 28.08.2026 PER COURT :- SECOND APPEAL NO. 104 OF 1988 1. As per the office endorsement, learned Advocate Mr. P. R. Deshmukh appearing for Respondent Nos.3 and 6 is no more. 2. In view of the above, issue notice to Respondent Nos.3 and 6, returnable on 11.09.2026. CIVIL APPLICATION NO. 10372 OF 2024 IN SA/37/2022 1. This is an application for fixing the appeal for final hearing. 2. Perused the application. For the reasons stated therein, 1 of 5 (( 2 )) 925 SA NO. 104 OF 1988 the application is allowed and disposed of. 3. Fix Second Appeal No.37 of 2022 for final hearing on 11.09.2026 at 10:30 a.m. CIVIL APPLICATION NO. 4468 OF 2025 1. Heard learned Advocates for both sides. 2. This is an application for condonation of 810 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Respondent No.9 on record as well as for setting aside abatement and permission to bring the L.Rs. of deceased Respondent No.9 on record. 3. Learned Advocates for the respondents strongly opposed the application. 4. Perused the application. Considering the reasons stated therein, it appears that the delay is not deliberately caused. Hence, the application deserves to be allowed in the interest of justice. Hence, the following order: ::ORDER:: a. The application is allowed in terms of prayer clauses ‘B’ and ‘C’. b. The delay of 810 caused in filing the Civil Application for bringing the legal representatives of 2 of 5 (( 3 )) 925 SA NO. 104 OF 1988 deceased Respondent No.9 on record is condoned. c. The abatement is set aside. d. Permission to bring the legal representatives of of deceased Respondent No.9 on record is granted. The amendment be carried out within a period of two weeks from today. If the amendment is not carried out within the stipulated period, the applicants shall be liable to pay costs of Rs.2,000/- to the Advocates’ Chambers Allottees Maintenance Co-operative Society, High Court Premises, Chhatrapati Sambhajinagar. SECOND APPEAL NO. 37 OF 2022 1. Re-issue notice to Respondent No.4, returnable on 11.09.2026. CIVIL APPLICATION NO. 13083 OF 2024 IN SAST/16370/2021 1. This is an application for condonation of delay of 965 days caused in filing the present Civil Application and for setting aside the order dated 09.03.2022 passed by the learned Registrar (Judicial) for non-removal of office objections and for restoring Second Appeal (ST) No.16370 of 2021 to its original stage. 2. Heard learned Advocate for the Applicant. He submits that, 3 of 5 (( 4 )) 925 SA NO. 104 OF 1988 due to the COVID-19 pandemic, the office objections could not be noted. Consequently, a conditional order came to be passed for non- removal of the office objections, and registration of the Second Appeal was refused. He further submits that the delay caused in filing the present application is not deliberate and prays that Second Appeal (St.) No.16370 of 2021 be restored to its original stage. 3. Perused the application. Considering the reasons stated therein, it appears that the delay has not been caused deliberately. Therefore, the application deserves to be allowed in the interest of justice. Hence, the following order: ::ORDER:: a. The application is allowed in terms of prayer clause ‘B’. b. The delay of 965 days caused in filing the Civil Application for restoration of Second Appeal (St.) No.16370 of 2021 to its original stage is condoned. c. Second Appeal (ST) No.16370 of 2021 is restored to its original position, subject to removal of the office objections on or before 11.09.2026. d. The Civil Application is disposed of. [ SANJAY A. DESHMUKH, J. ] 4 of 5 (( 5 )) 925 SA NO. 104 OF 1988 HRJadhav 5 of 5