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Bombay High CourtCA/14307/2022application allowed

Bhagwandas Jinabhai Patel Since Deceased Through Lrs Bhupesh And Others v. Malti Ramesh Patil And Others

2022-10-10Hon'Ble Shri Justice Rajesh S. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

7 CIVIL APPLICATION NO.14307 OF 2022 IN SA/588/2015 BHAGWANDAS S/O JINABHAI PATEL & ORS.

VERSUS

SAU. MALTI RAMESH PATIL & ORS.

...

Mr. Vikram R. Dhorde, Advocate for the applicants .....

CORAM : RAJESH S. PATIL, J.

DATE : OCTOBER 10, 2022 PER COURT : - 1.

This application is filed for bringing on record legal heirs of applicant nos. 1 and 4.

2.

Learned advocate for the applicant states that he has already filed Vakalatnama on behalf of the proposed legal heirs of applicant nos. 1 and 4.

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 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, civil application No. 14307/2022 is allowed in terms of prayer clause '

A', 'B', 'C' & 'D'.

sgp

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Amendment to be carried out within a period of one week. 6.

Matter to be placed on board on 19th October, 2022. [ RAJESH S. PATIL ] JUDGE sgp