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Bombay High CourtCA/3804/2020application allowed

Murlidhar Dnyanoba Shinde And Another v. Namdeo Tukaram Shkade Died L.Rs. Yamunabai And Others

2022-10-12Hon'Ble Shri Justice Rajesh S. Patil2 pages

916CA3804.22 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.3804 OF 2020 IN SA/51/1995 MURLIDHAR DNYANOBA SHINDE AND ANOTHER

VERSUS

NAMDEO TUKARAM SHKADE DIED THROUGH L.RS. YAMUNABAI AND OTHERS ...

Advocate for Applicants : Mr.Choudhary S.S.

Advocate for Respondent Nos. 1-c, 1-d, 1-g to 1-k : Mrs. M. A. Kulkarni CORAM : RAJESH S. PATIL, J.

DATED : 12 OCTOBER, 2022 PER COURT:- 1.

This is an application filed by the original appellant for bringing on record the legal heirs of deceased respondent No. 4. There is a delay in filing the Civil Application.

2.

Learned Advocate Mrs. Kulkarni appearing for respondents states that she has already filed reply to this application, thereby, stating that apart from these respondents her other clients i.e. respondent No. 1-a, 1-b, 1e, 1-f, 3 and 4 have also died. 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,

916CA3804.22 -2condoned 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.

In view of the above referred judgment and in view of the reasons given in this Civil Application more particularly reasons given in para No. 4, the Civil Application is allowed in terms of prayer clause ' B'

, subject to payment of costs of Rs. 1,000/- to be paid to the Bar Association Library, Aurangabad.

5.

Amendment to be carried out within a period of two weeks. Civil Application is disposed of. Learned Advocate for the applicant should also take immediate steps to bring on record the legal heirs of other deceased respondents within a period of four weeks. In case such applications are filed the same would be place on 11.11.2022.

6.

Civil Application stands disposed of.

[ RAJESH S. PATIL, J. ] SPChauhan