Madanlal Deepchand Golecha Lrs Surajbai And Others v. Motilal Deepchand Golecha Lrs Badambai Died Shantabai And Others

1 960CA8284.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

960 CIVIL APPLICATION NO.8284 OF 2015 IN SA/535/2007 MADANLAL DEEPCHAND GOLECHA LRS SURAJBAI AND OTHERS

VERSUS

MOTILAL DEEPCHAND GOLECHA LRS BADAMBAI DIED SHANTABAIAND OTHERS ...

Advocate for Applicants : Mr. P. P. Patni h/f Mr. A. S. Bajaj Advocate for respondent no. 2e(i) to 2e(iii) ...

CORAM : RAJESH S. PATIL, J.

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

By this application, the applicants seeks permission to bring on record the legal heirs of deceased applicant/appellant - Madanlal Deepchand Golecha.

2.

There is delay of 1478 days in preferring the instant application.

3.

Counsel for the respondent Mr. Patni 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 sgp

2 960CA8284.2015 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.

5.

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

6.

The Civil Application stands disposed off.

7.

Amendment to be carried out within a period of two (02) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp