Mohan Bhaguji Gajbhiv And ANR v. The Exe. Engineer, Lower Dhudhna Project Selu Now Aurangabad Irrigation Div., Aurangabad And ANR

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10475 OF 2018 IN FA/2779/2017 MOHAN BHAGUJI GAJBHIV AND ANR

VERSUS

THE EXE. ENGINEER, LOWER DHUDHNA PROJECT SELU NOW AURANGABAD IRRIGATION DIV., AURANGABAD AND ANR ...

Advocate for Applicants : Mr. D.R. Markad h/f. Mr. Kakade N.K.

Advocate for Respondent No. 1 : Mr. B.R. Surwase AGP for Respondent No. 2 : Mr. M.M. Nerlikar CORAM : RAJESH S. PATIL, J.

DATED : 07 OCTOBER, 2022 PER COURT:- 1.

The applicant in this Civil Application No.

10475/2018 is directed to add the prayer of condoning the delay and a proper prayer for bringing the legal heirs on record respondent No. 2 - Bhagoji on record.

2.

There is delay in filing this application. Learned counsel for respondent opposes the application. 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

-2bringing 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. 10475/2018 is allowed in terms of prayer clause ' B'

, subject to payment of costs of Rs. 1000/- to be paid by applicants with the High Court Legal Services, Sub-committee, Aurangabad. The Civil Application stands disposed off. Abetment stands set aside.

5.

Amendment to be carried out within a period of six (06) weeks from today.

[ RAJESH S. PATIL, J. ] SPChauhan