Bhaskarrao Baburao Gaikwad (Deceased) Lrs Kashibai And Others v. Sheshrao Narhari Chandane And Others

1 1012CA6081.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

1012 CIVIL APPLICATION NO.6081 OF 2018 IN SA/332/1995 WITH CA/6082/2018 IN SA/332/1995 BHASKARRAO BABURAO GAIKWAD (DECEASED) AND OTHERS

VERSUS

SHESHRAO NARHARI CHANDANE AND OTHERS ...

Advocate for Applicants : Bora Satyajit S.

...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 11, 2022 PER COURT : - CIVIL APPLICATION NO.

:

1.

Civil Application No. 6081 of 2018 is filed for bringing on record legal heirs of applicant no. 2 - Manikrao Baburao Gaikwad. 2.

There is a delay of 954 days in filing this 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 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.

2 1012CA6081.2018 4.

Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause "b". Abatement stands set aside.

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of three (03) weeks from today.

CIVIL APPLICATION NO.

:

1.

Civil Application No. 6082 of 2018 is filed for bringing on record legal heirs of applicant no. 1 - Bhaskarrao Baburao Gaikwad. 2.

There is a delay of 3662 days in preferring this 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 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.

3 1012CA6081.2018 4.

Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause "b". Abatement stands set aside.

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of three (03) weeks from today.

[ RAJESH S. PATIL ] JUDGE