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Bombay High CourtCA/13598/2018disposed off

Subhadrabai Dhanaji Gholap Lrs Tulshiram And Others v. Anusayabai Bajirao Badade And ORS

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

1 1021CA13598.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

1021 CIVIL APPLICATION NO.13598 OF 2018 IN SA/378/2001 SUBHADRABAI DHANAJI GHOPAL LRS TULSHIRAM AND OTHERS

VERSUS

ANUSAYABAI BAJIRAO BADADE AND OTHERS ...

Advocate for Applicants : Shah Subodh P.

...

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 5770 days in filing this application. The counsel for respondent opposes the 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.

sgp

2 1021CA13598.2018 4.

Relying upon the above judgments and for the reasons 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 four (04) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp