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Bombay High CourtCA/5793/2018disposed off

Gangadhar Kashinath Zori Gpa Mohan Gangadhar Zori v. Sadashiv Ranba Zori And Others

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

1 1009CA5793.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

1009 CIVIL APPLICATION NO.5793 OF 2018 IN SA/615/2013 GANGADHAR KASHINATH ZORI GPA MOHAN GANGADHAR ZORI

VERSUS

SADASHIV RANBA ZORI AND OTHERS ...

Advocate for Applicant : Mr. Sujit S. Kulkarni h/f Mr. A.N. Nagargoje Advocate for Respondent no.1 to 4 : Mrs.Rekha Choudhari h/f Mr.S.S. Choudhary ...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 11, 2022 PER COURT : - 1.

The Civil Application is filed for bringing on record legal heirs of respondent no. 1.

2.

There is a delay of 23 days in filing this application. 3.

The counsel for respondent nos. 1 to 4 strongly opposes the application.

4.

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 sgp

2 1009CA5793.2018 and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

5.

Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause "A", "B" and "C". Abatement stands set aside.

6.

The Civil Application stands disposed off.

7.

Amendment to be carried out within a period of three (03) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp