The Executive Engineer Minor Irrigation Division, Beed And Others v. Shrirang Laxman Choure And Others

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2770 OF 2020 IN FAST/15959/2015 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, BEED AND OTHERS

VERSUS

SHRIRANG LAXMAN CHOURE AND OTHERS ...

Advocate for Applicants : Mr. K.M. Daskhedkar h/f. Mr. Patil Ruturaj C.

Advocate for Respondent No. 1 : Mr. D.A. Bide CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 2770/2020 is filed for bringing legal heirs of respondent No. 2 on record. 2.

There is a delay of 4572 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

-2judgment 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 stated in the application, civil application No. 2770/2020 is allowed in terms of prayer clause ' A' and '

B'

, subject to payment of costs of Rs. 1000/- to be paid by applicants with the High Court Legal Services, Subcommittee, Aurangabad. The Civil Application stands disposed off. Abatement stands set aside.

5.

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

[ RAJESH S. PATIL, J. ] SPChauhan