Malanbai Gajanan Salunke And ORS v. Baburao Keruji Pisal Died Thr Lrs Asaram And ORS

1 902CA1048.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

902 CIVIL APPLICATION NO.1048 OF 2013 IN SA/184/2006 WITH CA/1046/2013 IN SA/184/2006 WITH CA/4654/2015 IN CA/1048/2013 MALANBAI GAJANAN SALUNKE AND ORS

VERSUS

BABURAO KERUJI PISAL DIED THR LRS ASARAM AND ORS ...

Advocate for Applicants : Mr. Girish K. Thigale (Naik) Advocate for respondent nos. 1A to 1E : Mr. R. K. Ingole Patil h/f Mr P. R. Patil Advocate for respondent no. 2 : Mr. H. H. Padalkar h/f Mr. S. P. Katneshwarkar ...

CORAM : RAJESH S. PATIL, J.

DATE : DECEMBER 01, 2022 PER COURT : - CIVIL APPLICATION NO. 1046 OF 2013 :

1.

This Civil Application is filed for bringing on record legal heirs of respondent nos. 1 and 7.

2.

There is some delay in filing this application. 3.

The counsel for respondent 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 sgp

2 902CA1048.2013 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, civil application 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.

8.

In view of the above, advocate for the applicant does not press civil applications no. 1048 of 2013 and 4654 of 2015. 9.

Civil Applications nos. 1048 of 2013 and 4654 of 2015 stand disposed off as not pressed.

[ RAJESH S. PATIL ] JUDGE sgp