Ratnakar Chindu Alias Lrs Sushilabai And Others v. Bapusaheb Natha Thange Lrs Malanbai And Others

936.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6088 OF 2018 IN SAST/2665/2015 RATNAKAR CHINDU ALIAS LRS SUSHILABAI AND OTHERS

VERSUS

BAPUSAHEB NATHA THANGE LRS MALANBAI AND OTHERS ...

Advocate for Applicants : Mr. Barde Parag Vijay CORAM : RAJESH S. PATIL, J.

DATE : 18TH NOVEMBER, 2022 PER COURT :

1.

Civil Application is filed for bringing on record legal heirs of appellant.

2.

There is a delay of 1735 days in filing this application. The counsel for respondent opposes the 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

936.odt 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.

4.

Relying upon the above judgments and for the reasons stated in the application, Civil Application is allowed in terms of prayer clause '

B'

, '

C' and '

D'

. Abatement stands set aside.

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of four weeks from today.

( RAJESH S. PATIL, J. ) SPChauhan