Satyanarayan Jagannath Kabra Died Lrs Kamalabai And Another v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 6657 OF 2017 IN SA/845/2008 WITH CA/9712/2009 IN SA/845/2008 WITH CA/1785/2010 IN SA/845/2008 SATYANARAYAN JAGANNATH KABRA DIED LRS KAMALABAI AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Mantri Ramesh R.; Mr. SP Deshmukh, AGP for State;

Mr. HB Nandgavale, Adv. h/for Mr. V. G. Sakolkar For R/ 2 & 3 ...

CORAM : P.R. BORA, J.

Dated: June 22, 2018 ...

PER COURT :- 1) This is an application for bringing the legal heirs of deceased sole appellant. Since the delay of 693 days has occurred in filing the application, the said delay is also sought to be condoned in the present application itself.

2) Perused the contents of the application.

3) Learned counsel and learned AGP for the respective respondents though have opposed for condoning the delay, stating that the reasons as are assigned are not sufficient, on perusal of the BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD application and more particularly after having perused the reasons as are assigned in para 2 of the application, which according to me are just and sufficient, the application for bringing the legal heirs is allowed. Delay caused in filing the application is condoned. The legal heirs of deceased appellant be taken on record. Necessary amendment be carried out within two weeks.

4) Place the matter for further consideration after two weeks.

( P.R. BORA, J. ) ...

BDV