Venkat Bhojraj Chavan (Died) Thr Lrs Giriraj Madhav Chavan v. The State Of Maharashtra And ANR

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1223 OF 2020 IN FAST/23120/2019 VENKAT BHOJRAJ CHAVAN (DIED) THR LRS GIRIRAJ MADHAV CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr. L.S. Thakur h/f. Mr. Patil Laxmikant C.

AGP for Respondent No. 1 : Mr. S.J. Salgare Advocate for Respondent No. 2 : Ms. U.P. Giri CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 1223/2020 is filed for bringing legal heirs of applicant - Venkat on record. 2.

There is a delay of 296 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, 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. 1223/2020 is allowed in terms of prayer clause ' A' and '

B'

.

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.

6.

Learned Advocate for the applicant is permitted to produce the heirship certificate.

[ RAJESH S. PATIL, J. ] SPChauhan