Santaram Gunda Ghodke (Died) Thr Lrs Mangalbai And ORS v. State Of Maharashtra And Another

- 1 - 988CA8062.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

988 CIVIL APPLICATION NO.8062 OF 2020 IN FAST/16471/2014 SANTARAM GUNDA GHODKE (DIED) THR LRS MANGALBAI AND OTHERS

VERSUS

STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. N. B. Khandare AGP for Respondent : Mr. B. V. Virdhe Advocate for Respondent No.2 : Mr. S. S. Dande ...

CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 8062/2020 is filed for bringing legal heirs of applicants - Santram and Satish on record.

2.

There is a delay of 546 and 157 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 bringing legal heirs on record, relying on Supreme Court judgment of Sardar SP Chauhan

- 2 - 988CA8062.2020.odt 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. 8062/2020 is allowed in terms of prayer clause ' B'

.

5.

Application is accordingly disposed off.

6.

Abatement stands set aside.

7.

Amendment to be carried out within a period of six

(06) weeks from today.

[ RAJESH S. PATIL ] JUDGE SP Chauhan