Laxmibai Ramkishan Bhutale Died Lrs. Ramkishan And Others v. Uttam Meghaji Jadhav And Others

950.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4783 OF 2020 IN SA/227/2013 LAXMIBAI RAMKISHAN BHUTALE DIED LRS. RAMKISHAN AND OTHERS

VERSUS

UTTAM MEGHAJI JADHAV AND OTHERS ...

Advocate for Applicants : Mr. U.M. Maske Patil h/f. Mr. Mane Ratna R.

Advocate for Respondent Nos. 1 to 3 : Mr. G.G. Suryawanshi CORAM : RAJESH S. PATIL, J.

DATE : 18TH NOVEMBER, 2022 PER COURT :

1.

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

2.

There is a delay of 487 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

950.odt 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.

4.

Relying upon the above judgments and for the reasons stated in the application, Civil Application is allowed in terms of prayer clause '

B'

, '

C' and '

D'

. Abatement stands set aside.

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of four weeks from today.

( RAJESH S. PATIL, J. ) SPChauhan