Janardhan Waman Sarode v. Arun Rau Pawar Deceased Lrs Rukhmini And ORS

1 906CA11915.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

906 CIVIL APPLICATION NO.11915 OF 2022 IN SA/297/2003 WITH CA/3001/2003 IN SA/297/2003 WITH CA/2999/2003 IN SA/297/2003 JANARDHAN WAMAN SARODE

VERSUS

ARUN RAU PAWAR DECEASED LRS RUKHMINI AND ORS ...

Advocate for Applicant : P. P. Patni h/f Bajaj Anil S. Advocate for Respondent no. 1 : S. P. Shah ...

CORAM : RAJESH S. PATIL, J.

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

This application is filed for bringing on record legal heirs of respondent no. 1. There is a delay in filing this application. 2.

Mr. S. P. Shah submits that he has instructions to appear on behalf of proposed legal heirs of respondent no. 1 and he would file Vakalatnama on their behalf.

3.

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 sgp

2 906CA11915.2022 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 application, same is allowed in terms of prayer clause "B", "C", "D" and "E". Abatement stands set aside. 6.

The Civil Application stands disposed off.

7.

Amendment to be carried out within a period of four (04) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp