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Bombay High CourtCA/4107/2018admittedallowedgrantedrule absolute

Ramdas Govind Boinwad v. Vitthal Pandurang Boinwad And Others

2022-12-22Hon'Ble Shri Justice Rajesh S. Patil2 pages

{1} ca 4107.22 sr.no. 917

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4107 OF 2018 IN SA/652/2013 WITH CA/11678/2013 IN SA/652/2013 RAMDAS GOVIND BOINWAD

VERSUS

VITTHAL PANDURANG BOINWAD AND OTHERS ...

Advocate for Applicant : Mr. V.D. Gunale Advocate for respondent No.4 : Mr. Sandeep C. Swami. CORAM : RAJESH S. PATIL, J.

DATE : 22nd December, 2022.

ORDER :- 1.

This civil application is filed to bring on record LRs of respondent No.4.

2.

There is delay in filing the civil application. The proposed LRs of respondent No.4 are being served and Advocate Mr. Sandeep Swami appears for proposed LRs of respondent 4C to 4E. 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 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.

In view of the ratio laid down in the aforesaid case and the fact that Advocate Mr. Swami has no objection for allowing the civil application, the present civil application is allowed in terms of prayer

{2} ca 4107.22 sr.no. 917 clauses (B) and (C) .

5.

Amendment be carried out within 4 weeks from today. 6.

Civil application is accordingly disposed of. ( RAJESH S. PATIL, J. ) grt/-