Shrirang Rama Kokane L.Rs. Kanchan Shrirang Kokane And ORS v. The State Of Mah And ANR

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4116 OF 2020 IN FA/937/2010 SHRIRANG RAMA KOKANE L.RS. KANCHAN SHRIRANG KOKANE AND ORS

VERSUS

THE STATE OF MAH AND ANR ...

Advocate for Applicants : Mr. Sakolkar Vijay G. AGP for Respondent No. 1 : Mr. S.J. Salgare Advocate for Respondent No. 2 : Mr. G.V. Padukar h/f. Mr. D.V. Soman CORAM : RAJESH S. PATIL, J.

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

Criminal Application No. 4116/2020 is filed by original claimant No. 2 for bringing legal heirs of applicant No. 2 - Sambhaji, on record.

2.

There is a delay of 750 days 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,

-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.

Relying upon the above judgments and for the reasons stated in the application, civil application No. 4116/2020 is allowed in terms of prayer clause ' B' and '

C'.

The Civil Application stands disposed off. Abatement stands set aside.

5.

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

[ RAJESH S. PATIL, J. ] SPChauhan