Kashibai Ganeshrao Kale v. Dagdu @ Dagdoba Maroti Harkal Lrs Ashrubai And ORS

{1} 910ca 6741 sr.no.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6741 OF 2015 IN RC/49/2014 KASHIBAI GANESHRAO KALE

VERSUS

DAGDU @ DAGDOBA MAROTI HARKAL LRS ASHRUBAI AND ORS ...

Advocate for Applicant : Mr. Nagargoje Ankush N. Advocate for Respondent Nos.1/1, 2/1, 2/2, 2/5, 2/6, 3 to 7 : Mr. S.S. Rathi CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 21, 2022.

P.C.:- 1.

This civil application is filed for bringing on record LRs of the deceased respondent No.1 on record. 2.

Mr. Rathi, learned advocate appearing for legal heirs of respondent No.1 opposes the application.

3.

There is delay of 673 days in filing this 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

{2} 910ca 6741 sr.no.odt 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.

For the reasons stated in the application, the civil application is allowed in terms of prayer clauses (B) and (C). 6.

Amendment be carried within three weeks from today.

7.

Civil Application stands disposed off.

[RAJESH S. PATIL] JUDGE.

grt/-