Mirza Sattar Baig Nasar Beg Deceased Lrs. Husenbi And ORS v. Mirza Faruq Beg Moahammad Beg And Others.

{1} 925-CA-7112-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7112 OF 2022 IN SECOND APPEAL NO. 417 OF 1993 MIRZA SATTAR BAIG NASAR BEG DECEASED LRS HUSENBI AND OTHERS

VERSUS

MIRZA FARUQ BEG MOAHAMMAD BEG AND OTHERS ...

Advocate for Applicants : Mr. A.R. Syed AGP for Respondent No.5 : Mr. A.A. Jagatkar Advocate for Respondent Nos.1 to 4 : Ms. M.A. Kulkarni ....

CORAM : RAJESH S. PATIL, J.

DATE : 21st November, 2022.

PER COURT :

.

This Civil Application is fled for bringing on record legal heirs of deceased applicant No.5.

2.

There is some delay for fling this application. 3.

Learned Counsel - Ms. A.A. Kulkarni appeared on behalf of respondent Nos.1 to 4, opposes 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 Pooja K.

{2} 925-CA-7112-2022 six years in fling 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.

5.

Relying upon the above judgments and for the reasons stated in the civil application, civil application is allowed in terms of prayer clauses 'B' and 'C'.

6.

The Civil Application is disposed of.

7.

Amendment to be carried out within a period of two

(2) weeks from today.

[ RAJESH S. PATIL ] JUDGE Pooja K.