Deorao Kesu Aware Died Through Lrs Saraswatibai Deorao Aware And ORS. v. Suryabhan Laxman Aware Died Vishwanath Suryabhan Aware And ORS

{1} 924-CA-5336-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5336 OF 2022 IN SECOND APPEAL NO. 349 OF 1992 DEORAO KESU AWARE DIED THROUGH LRS SARASWATIBAI DEORAO AWARE AND OTHERS

VERSUS

SURYABHAN LAXMAN AWARE DIED VISHWANATH SURYABHAN AWARE AND OTHERS ...

Advocate for Applicants : Mr. K.F. Shingare Advocate for Respondent No.3 : Mr. P.F. Patni h/f.Mr. P.P. Patni ....

CORAM : RAJESH S. PATIL, J.

DATE : 21st November, 2022.

PER COURT :

.

This Civil Application is fled for bringing on record legal heirs of deceased respondent No.1.

2.

Some of the legal heirs of deceased respondent No.1 are already on record as respondent Nos.2, 3 and 4. 3.

Learned Counsel - Mr. P.F. Patni holding for learned Counsel - P.P. Patni states that, he has instructions to appear for the proposed legal heirs of the respondent No.1. 4.

The Division Bench of this Court in Keshao Kawadu Pooja K.

{2} 924-CA-5336-2022 Maral and another Versus State of Maharashtra, reported in 2005 (supp.) B.C.R. 226, condoned the delay of 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.

5.

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

6.

The Civil Application is disposed of.

7.

Amendment to be carried out within a period of two

(2) weeks from today.

[ RAJESH S. PATIL ] JUDGE Pooja K.