The Executive Engineer, Kukadi Left Bank Canal, Sub-Division, Kolwadi v. The State Of Maharashtra And Others

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4893 OF 2017 IN FAST/2084/2016 THE EXECUTIVE ENGINEER, KUKADI LEFT BANK CANAL, SUBDIVISION, KOLWADI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. J.R. Patil h/f. Mr. Rajale Gulab B.

AGP for Respondent No. 1 : Mr. R.V. Dasalkar CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 4893/2017 is filed for bringing legal heirs of respondent no. 3 on record. 2.

There is delay 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

-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. 4893/2017 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