Vanchalabai Shridhar Parde @ Bhosale Deceased Lrs. Datta Haridas Jogdand And Others. v. Vinayak Tulsiram Parde Deceased Lrs Pandurang Vinayak Bhosale (Parade) And ORS

{1} 923-CA-4839-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4839 OF 2022 IN SECOND APPEAL NO. 93 OF 1995 VANCHALABAI SHRIDHAR PARDE @ BHOSALE DECEASED LRS DATTA HARIDAS JOGDAND AND OTHERS

VERSUS

VINAYAK TULSIRAM PARDE DECEASED LRS PANDURANG VINAYAKBHOSALE (PARADE) AND OTHERS ...

Advocate for Applicants : Mr. Nitin Jagadale h/f. Mr. V.D. Salunke ....

CORAM : RAJESH S. PATIL, J.

DATE : 21st November, 2022.

PER COURT :

1.

This Civil Application is fled for bringing on record legal heirs of deceased sole appellant. There is some delay in fling this application. Second Appeal is admitted. 2.

None appears for respondents today when the matter is called out.

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 Pooja K.

{2} 923-CA-4839-2022 six years in fling 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.

6.

Relying upon the above judgments and for the reasons stated in the civil application, civil application is allowed in terms of prayer clauses 'B' and 'C'.

7.

The Civil Application is disposed of.

8.

Amendment to be carried out within a period of two

(2) weeks from today.

[ RAJESH S. PATIL ] JUDGE Pooja K.