Krishna Pandurang Sonar Since Deceased Through L.Rs. Ramabai Krishna Sonar Decease And Otehrs v. Onkar Vishwanath Malegaonkar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

914 CIVIL APPLICATION NO.3837 OF 2018 IN CRA/123/2015 KRISHNA PANDURANG SONAR SINCE DECEASED THROUGH L.RS.RAMABAI KRISHNA SONAR DECEASE AND OTHERS

VERSUS

ONKAR VISHWANATH MALEGAONKAR AND OTHERS ...

Advocate for Applicants : Mr. Mukul S. Kulkarni ...

CORAM : RAJESH S. PATIL, J.

DATE : OCTOBER 20, 2022 PER COURT : - 1.

This application is filed for bringing legal heirs of sole applicant/original tenant on record.

2.

Advocate for the applicant states that he has already filed Vakalatnama on behalf of the proposed legal heirs of applicant. 3.

Advocate for the applicant states that paper publication was already done for serving the respondents and even then nobody appeared.

4.

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 for 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.

sgp

5.

In view of the judgment in the case of Keshao Maral (supra) and for the reasons stated in the application, the civil application is allowed in terms of prayer clauses '

A' and '

B'.

6.

Abatement, if any, stands set aside.

7.

Advocate for the applicants to carry out the amendment within a period of four (04) weeks from today. 8.

Civil Application is accordingly disposed off. 9.

Matter to come up on board on 21st November, 2022 under the caption 'admission'.

[ RAJESH S. PATIL ] JUDGE sgp