Vishwanath Genu Patil Deceased Lrs Suresh And Others v. Vishnu Shripat Rane Theough Lrs Late Ramesh Through Lrs Pushpa And Others

920.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4284 OF 2019 IN SA/807/2005 VISHWANATH GENU PATIL DECEASED LRS and ORS

VERSUS

VISHNU SHRIPAT RANE ...

Advocate for Appellants : Mr. M.M. Bhokarikar Advocate for Respondents : Mr. Girish Rane CORAM : RAJESH S. PATIL, J.

DATE : 16TH NOVEMBER, 2022 PER COURT :

1.

Civil Application is filed for bringing on record legal heirs of respondent No. 1. The note shows that the proposed legal heirs of deceased respondent No. 1 -A have already served. 2.

There is a delay of 206 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 upon judgment of Hon'ble Supreme Court in the case of Sardar Amarjit Singh Kalra (Died) by LRs and others Versus Pramod Gupta (Smt.)

920.odt 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 clauses '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 three

(03) weeks from today.

( RAJESH S. PATIL, J. ) SPChauhan