Dattahari Digambar Umbardhale (Died) Thr Lrs Sangeeta And ORS v. The State Of Maharashtra And ORS

- 1 - 993CA5950.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

993 CIVIL APPLICATION NO.5950 OF 2021 IN FAST/7004/2017 DATTAHARI DIGAMBAR UMBARDHALE (DIED) THR LRS SANGEETAAND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. Sunil V. Kurundkar AGP for respondent/State : Mr. R. V. Dasalkar ...

CORAM : RAJESH S. PATIL, J.

DATE : OCTOBER 07, 2022 PER COURT : - 1.

Civil Application No. 5950/2021 is filed for bringing legal heirs of applicant applicant - Dattahari on record.

2.

There is a delay of 67 days in filing this application. Learned counsel for respondent opposes the application. 3.

The Division Bench of this Hon'

ble High 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 of bringing legal heirs on record, relying on Supreme Court judgment of Sardar Amarjit Singh Kalra (Died) by LRs and others Versus Pramod SP Chauhan

- 2 - 993CA5950.2021.odt 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 No. 5950/2021 is allowed in terms of prayer clause ' B' and '

D'

.

5.

The Civil Application stands disposed off.

6.

Abatement stands set aside.

7.

Amendment to be carried out within a period of six

(06) weeks from today.

[ RAJESH S. PATIL ] JUDGE SP Chauhan