Mangalbai Ramnath Jadhav And Another v. Ashruba Vithal Nagargoje (Deceased0 Throu. L.Rs.Kisanabai Ashruba Nagargoje

1 1005CA216.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

1005 CIVIL APPLICATION NO.216 OF 2018 IN SA/175/2009 MANGALBAI RAMNATH JADHAV AND ANOTHER

VERSUS

ASHRUBA VITHAL NAGARGOJE (DECEASED0 THROU.

L.RS.KISANABAI ASHRUBA NAGARGOJE ...

Advocate for Applicants : Mrs. Kulkarni M. A. ...

CORAM : RAJESH S. PATIL, J.

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

This application is filed for bringing on record legal heirs of appellant no. 2.

2.

There is a delay of 252 days in filing this 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.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

sgp

2 1005CA216.2018 4.

Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause "B". 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 ] JUDGE sgp