Netaji Maruti Nagane And ANR v. Eknath Shivlalsing Rajput Died Lrs. Radhabai And ORS.

939CA834.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 834 OF 2022 IN SA/617/2010 NETAJI MARUTI NAGANE AND ANR

VERSUS

EKNATH SHIVLALSING RAJPUT DIED LRS. RADHABAI AND OTHERS ...

Advocate for Applicants : Mr. Shinde Shrikishan S. Advocate for Respondent Nos. 1-a to 1-e : Mr. M.L. Dharashive Advocate for Respondent Nos. 2-a to 2-h : Mr. V.B. Deshmukh CORAM : RAJESH S. PATIL, J.

DATE : 22nd NOVEMBER, 2022 PER COURT :

1.

Civil Application is filed for bringing on record legal heirs of deceased respondent No. 2.

2.

There is a delay of 3791 days in filing this application. Learned Advocate Mr. Deshmukh is appearing for the proposed legal heirs of respondent No. 2 states that he has no objection, if this Civil Application is allowed. 3.

The Division Bench of this Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in

939CA834.22.odt 2005 (supp.) B.C.R. 226, condoned the delay of six years in filing the application for bringing legal heirs on record relying upon judgment of Hon'

ble Supreme Court in the case 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, Civil Application is allowed in terms of prayer clause '

B' and '

C'

. Abatement, if any, stands set aside.

5.

The Civil Application stands disposed off.

6.

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

( RAJESH S. PATIL, J. ) SPChauhan