Kishan H. Koli Lrs Babu K. K. Died Murlidhar K. K. Died Udhav K. K. Died Nana Kishan Koli v. Mahadeo Shankar Bandagar And Another.

933CA4394.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4394 OF 2022 IN SA/69/1996 KISHAN H. KOLI LRS BABU K. K. DIED MURLIDHAR K. K. DIED UDHAV K. K. DIED NANA KISHAN KOLI

VERSUS

MAHADEO SHANKAR BANDAGAR and ANOTHER ...

Advocate for Applicant : Mr. Rekha Choudhari h/f. Mr. Choudhari S. S.

Advocate for Respondent Nos. 1 & 2 : Mr. P.G. Godamgaonkar CORAM : RAJESH S. PATIL, J.

DATE : 22nd NOVEMBER, 2022 PER COURT :

1.

Civil Application is filed for bringing on record legal heirs of deceased applicant No. E.

2.

There is a delay of 11064 days in filing this application. Learned Advocate for respondent opposes the application.

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

933CA4394.odt 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.

Relying upon the above judgments and for the reasons stated in the application, Civil Application is allowed in terms of prayer clause '

B' and '

C'

. Abatement, if any, stands set aside.

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of two (02) weeks from today.

( RAJESH S. PATIL, J. ) SPChauhan