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Bombay High CourtCA/9236/2013disposed off

Kishanrao Bhaurao Biradar Died Lrs Subhadrabai And Others v. Bhaurao Mansingrao Died Lrs Dhondubai Died And Others

2022-11-11Hon'Ble Shri Justice Rajesh S. Patil2 pages

1 944CA9236.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

944 CIVIL APPLICATION NO.9236 OF 2013 IN SA/196/1997 KISHANRAO BHAURAO BIRADAR DIED LRS SUBHADRABAI AND OTHERS

VERSUS

BHAURAO MANSINGRAO DIED LRS DHONDUBAI DIED AND OTHERS ...

Advocate for Applicants : Mr. Sunil V. Warad ...

CORAM : RAJESH S. PATIL, J.

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

This Civil Application is filed for bringing on record legal heirs of sole appellant.

2.

There is a delay of 287 days in filing this application. Office remark shows that the respondents have been served. 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.

sgp

2 944CA9236.2013 4.

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

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of two (02) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp