Sou. Nagratan Ashok Kangokar v. Smt. Hirabai Baburao Lokhande And ORS

71.ia.498.2023.doc Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION INTERIM APPLICATION NO. 498 OF 2023 IN WRIT PETITION NO. 6650 OF 2014 Sou. Nagratan Ashok Kangokar Applicant V/s.

Smt. Hirabai Baburao Lokhande and Ors.

Respondent.

...

Ms. Amruta Athavale i/b. R. C. Dhuru for Applicant. Mr. Vinayak Kumbhar, for Respondent.

....

CORAM : RAJESH S PATIL, J.

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

1.

This Interim Application is filed for bringing the proposed legal heirs of deceased sole Respondent Smt. Hirabai Baburao Lokhande on record.

2.

Mr. Kumbhar Advocate for the Respondent states that he is instruction to appear for the proposed legal heirs of deceased sole respondent.

3.

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

71.ia.498.2023.doc respondent opposes the application.

4.

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 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.

5.

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.

6.

The Civil Application stands disposed off.

7.

Amendment to be carried out within a period of three weeks from today.

(RAJESH S. PATIL, J.)