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2025 DAILYLAW 12364 (BOM)

PUNDLIK RAJARAM BIRADAR L.RS. BHAGIRATIBAI L.RS. NIVRUTTI AND OTHERS v. SAYED MULLANI SAYED MOHIUDDINSAHEB L.RS. AAMBEE L.RS. SAYED ABDUL RAZAK AND OTHERS

CA/5717/2025 · 2025-06-11

Shri Prafulla S Khubalkar

body2025

Judgment text

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*1* 946ca5717o25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5717 OF 2025 IN SECOND APPEAL NO. 58 OF 2006 PUNDLIK RAJARAM BIRADAR L.RS. BHAGIRATIBAI L.RS. NIVRUTTI AND OTHERS VERSUS SAYED MULLANI SAYED MOHIUDDINSAHEB L.RS. AAMBEE L.RS. SAYED ABDUL RAZAK AND OTHERS ... Shri Patil Jayant R., Advocate for the Applicants. Mrs. A.N. Ansari, Advocate for Respondent Nos.1, 2 and 4 to 6. ... CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 11th June, 2025 Per Court :- 1. This is an application for bringing on record the legal representatives of the deceased respondent No.2 by condoning delay. 2. Learned advocate Mrs.A.N. Ansari, who appears for other respondents, states that she is waiving service on behalf of the proposed legal representatives of the deceased respondent No.2 and she wants to file Vakalatnama. 3. Heard the learned advocates for the respective 2025:BHC-AUG:14717 *2* 946ca5717o25 parties. 4. Considering the reasons mentioned in the Civil Application, more particularly in paragraph Nos.4 and 5 and in view of the fact that the cause of action survives, the Civil Application is allowed. Delay of 105 days is condoned. The applicants are permitted to bring on record the names of legal representatives of the deceased respondent No.2 as are mentioned in paragraph No.2 of the Civil Application. Amendment be carried out within two weeks. kps ( PRAFULLA S. KHUBALKAR, J.)