The State Of Mah And ORS v. Musa Amir Pinjari(Died) Lrs Hasnurbee Gayas Pinjari And ORS

902CA2597.2011 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2597 OF 2011 IN FAST/10016/2010 THE STATE OF MAH AND OTHERS

VERSUS

MUSA AMIR PINJARI(DIED) LRS HASNURBEE GAYAS PINJARI AND OTHERS ...

Advocate for Applicants : Mr. B.V. Virdhe AGP for Respondent Nos. 1/3 & 2 /A to G : Mr. V.Y. Patil CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 2597/2011 is filed for bringing legal heirs of respondent No. 2 on record. 2.

There is a delay of 195 days in filing this application. Learned counsel for respondents 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 bringing legal heirs on record, relying on Supreme Court

902CA2597.2011 -2judgment 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. 2597/2011 is allowed in terms of prayer clause ' B' and '

C'.

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