Smt. Shantabai Shivling Ligade And ANR v. Neminath Sharanappa Deshmukhe

65. ia. 17736.2022.doc Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION INTERIM APPLICATION NO. 17736 OF 2022 IN WRIT PETITION NO. 6954 OF 2003 Smt. Shantabai Shivling Ligade and Anr.

Applicant.

V/s.

Neminath Sharanappa Deshmukhe Respondent ...

Mr. I. M. Khairdi for Applicant.

....

CORAM : RAJESH S PATIL, J.

DATED : 25th January, 2023 P.C.:

1.

This Application is filed for bringing the proposed legal heirs of deceased sole Petitioner on record.

2.

There is some delay in filing this application. The counsel for respondent opposes the application.

3.

The Division Bench of this Hon'ble High Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 (supp.) B.C.R. 226, condoned the delay of six years in filing the

65. ia. 17736.2022.doc application of bringing legal heirs on record, relying on Supreme Court judgment of Sardar Amarjit Singh Kalra (Died) by Lrs and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

4.

Relying upon the above judgments and for the reasons stated in the application, Interim Application is allowed in terms of prayer clause a). Abatement stands set aside.

5.

The Interim Application stands disposed off.

(RAJESH S. PATIL, J.)