Maruti Raghu Kokare And ANR v. Hari Kisan Dhonde And Others

1 1007ca19312018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

1007 CIVIL APPLICATION NO.1931 OF 2018 IN SA/576/1999 MARUTI RAGHU KOKARE AND ANR

VERSUS

HARI KISAN DHONDE AND OTHERS ...

Advocate for Respondent no.1 : Mrs. Rekha Choudhari h/f Mr. S. S. Choudhari ...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 11, 2022 PER COURT : - 1.

Civil Application No. 1931/2018 is filed for bringing on record legal heirs of respondent no. 2.

2.

There is a delay of 2053 days in filing this application. Office note shows that the legal heirs of respondent no. 2 are already served.

3.

The counsel for respondent vehemently opposes the application.

4.

The Division Bench of this Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 (supp.) sgp

2 1007ca19312018 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.

5.

Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause "B", "C", and "D". Abatement stands set aside.

6.

The Civil Application stands disposed off.

7.

Amendment to be carried out within a period of three (03) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp