The State Of Maharashtra v. Dhondiram Ganpat Kedari And Othrs

hcs 28.a153.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.153 OF 2014 IN FIRST APPEAL NO.1154 OF 2012 The State of Maharashtra ...

Appellant.

V/s.

Dhondiram Ganpat Kedari & Ors.

...

Respondents.

Ms.Tanaya Goswami AGP for the Appellant.

Mr.D.D.Shinde for Respondent No.5.

CORAM : V.G. BISHT, J.

DATE : 6TH JANUARY, 2020.

P.C.:

1.

Heard Ms.Tanya Goswami, learned AGP for the State and Mr.D.D.Shinde, learned counsel for Respondent No.5. 2.

Vide order dated 6th December, 2019 (Coram : M.G.Sewlikar, J.) the proposed legal heirs, namely, Respondent Nos.4A to 4E, who are to be brought on record, though duly served, remained absent and, therefore, the application came to be proceeded exparte against them. There is delay of 6 years 134 days in bringing LRs of deceased Respondent No.4. Elaborate reasons are given in paragraphs Nos.2, 4 and 5 for condonation of delay. In my considered opinion, the reasons submitted for huge delay are self explanatory. Moreover, despite due service the proposed legal heirs remained absent. In such circumstances no prejudice would be caused to the proposed legal heirs if they are allowed to be brought on record. Eventually, the matter will be heard on merits and equal opportunity will also be given to the proposed LRs along 1/2

28.a153.14.odt with other respondents.

3.

Accordingly, the delay of 6 years 134 days stands condoned and the abatement of appeal, if any, as against proposed LRs also stands set aside.

4.

The appellant to bring proposed LRs of Respondent No.4 on record forthwith.

(V.G. BISHT, J.) 2/2