Sultana Begum W/O.Ali Bin Omer Alkasari Died Lrs Omer And ORS v. Motiram S/O.Abaji Kadam Died Lrs Kaushalyabai And ORS

1 978CA3491.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

978 CIVIL APPLICATION NO.3491 OF 2016 IN SAST/9574/2009 SULTANA BEGUM W/O.ALI BIN OMER ALKASARI DIED LRS OMER AND ORS

VERSUS

MOTIRAM S/O.ABAJI KADAM DIED LRS KAUSHALYABAI AND ORS CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 11, 2022 PER COURT : - 1.

This application is filed for bringing on record legal heirs of appellant.

2.

There is a delay of 1511 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.

4.

Relying upon the above judgments and for the reasons sgp

2 978CA3491.2016 stated in the application, same is allowed in terms of prayer clause "B" and "C". 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 sgp