Sadashiv Yadu Harde And Others v. Narayan Yadu Harde Lrs Nana And Others

{1} 917-CA-4453-2018

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4453 OF 2018 IN SECOND APPEAL NO. 672 OF 1992 SADASHIV YADU HARDE AND OTHERS

VERSUS

NARAYAN YADU HARDE LRS NANA AND OTHERS ...

Advocate for Applicants : Ms. Karishma Sarin h/f. Mr. S.S. Bora Advocate for Respondent Nos.1-A to 1-C & 2 : Ms. Rekha Choudhari h/f. Mr. S.S. Choudhari ....

CORAM : RAJESH S. PATIL, J.

DATE : 21st November, 2022.

PER COURT :

.

This Civil Application is fled for bringing on record legal heirs of deceased respondent No.1.

2.

Ms. Rekha Choudhari - learned Counsel holding for learned Counsel - Mr. S.S. Choudhari states that, she has instructions to appear for the proposed legal heirs of deceased respondent No.1.

3.

There is delay of 2384 days in fling this application. The Counsel for respondent Nos.1-A to 1-C and 2 opposes Pooja K.

{2} 917-CA-4453-2018 the application.

4.

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 fling 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.

5.

Relying upon the above judgments and for the reasons stated in the civil application, civil application is allowed in terms of prayer clause 'b'.

6.

The Civil Application is disposed of.

7.

Amendment to be carried out within a period of two

(2) weeks from today.

[ RAJESH S. PATIL ] JUDGE Pooja K.