The State Of Maharashtra And ORS v. Sitabai Laxman Chinchole And ANR

901 CA10182.2008 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10182 OF 2008 IN FAST/4100/2007 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

SITABAI LAXMAN CHINCHOLE AND ANOTHER ...

Advocate for Applicants : Mr. A.M. Phule Advocate for Respondent No. 2 : Mr. V.Y. Patil CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 10182/2008 is filed for bringing legal heirs of respondent No. 1 on record. 2.

There is a delay of 366 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 Amarjit Singh Kalra (Died) by LRs and

901 CA10182.2008 -2others 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. 10182/2008 is allowed in terms of prayer clause ' B'

. The Civil Application stands disposed off. Abetment stands set aside.

5.

Amendment to be carried out within a period of six (06) weeks from today.

[ RAJESH S. PATIL, J. ] SPChauhan