Bombay High Court
CA/12170/2026 of 1. ABDULLAKHAN MAHEBOOBKHAN PATHAN DIED 2. AAVESH ABDULLAKHAN PATHAN Vs SAIFUNNISA IBRAHIM PATHAN AND ANOTHER on 15 October 2026
ca 12169.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1010 CIVIL APPLICATION NO. 12169 OF 2026 IN SA/220/2018 WITH CIVIL APPLICATION NO. 12170 OF 2026 IN SA/221/2018 1. ABDULLAHKHAN MAHEBOOBKHAN PATHAN DIED 2. AAVESH ABDUL LAKHAN PATHAN VERSUS SAIFUNISA IBRAHIM PATHAN AND
1010 ca 12169.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1010 CIVIL APPLICATION NO. 12169 OF 2026
IN SA/220/2018
WITH CIVIL APPLICATION NO. 12170 OF 2026
IN SA/221/2018
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1. ABDULLAHKHAN MAHEBOOBKHAN PATHAN DIED
2. AAVESH ABDUL LAKHAN PATHAN VERSUS SAIFUNISA IBRAHIM PATHAN AND ANOTHER ….. Advocate for the Applicants : Mr. S.F. Shaikh Advocate for the Respondents : Mr. S.S. Wagh Advocate for the Appellants in SA : Mr. R.L. Kute …..
CORAM :
SANJAY A. DESHMUKH, J. DATE : 15.10.2026 P.C.:-
1. These two applications are filed for condonation of delay of 129 days caused in filing the applications for bringing the legal representatives of respondent no.1 on record and for setting aside the abatement.
2. Perused the applications. Heard the learned advocate for applicants.
3. On perusal of the applications, it appears that the delay has not been deliberately caused. Therefore, in the interest of justice, the delay deserves to be condoned. 2026:BHC-AUG:49369
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4. For the reasons stated in the applications, the delay stands condoned. In the interest of justice, both the applications stand allowed as prayed. The abatement is set aside and permission for bringing the legal representatives of respondent no.1 on record is granted. Amendment be carried out within three weeks. If the amendment is not carried within three weeks, the applicants in both the applications shall be liable to pay / deposit cost of Rs.2,000/- with the High Court Legal Services Sub-Committee, Aurangabad. Appeal:
5. Learned advocate Mr. R.L. Kute submits that he has instructions to appear on behalf of appellant no.2. He further submits that the appellant no.1 has died and therefore seeks time to take steps. Time granted till the next date.
6. Place the appeal for hearing on 04.11.2026. [SANJAY A. DESHMUKH, J.]
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