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Bombay High CourtCA/9270/2016disposed off

Dagdu Maruti Ukirde And ORS v. Rangnath Maruti Ukirde Lrs Chandarabhaga And ORS

2022-11-11Hon'Ble Shri Justice Rajesh S. Patil2 pages

1 983CA9270.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

983 CIVIL APPLICATION NO.9270 OF 2016 IN SA/84/2011 WITH CA/9271/2016 IN SA/84/2011 DAGDU MARUTI UKIRDE AND ORS

VERSUS

RANGNATH MARUTI UKIRDE LRS CHANDARABHAGA AND ORS CORAM : RAJESH S. PATIL, J.

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

Present application is filed for bringing on record legal heirs of applicant no. 1 - Dagdu Ukirde.

2.

There is a delay of 964 days in filing this 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 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, same is allowed in terms of prayer clause "B". Abatement stands set aside.

sgp

2 983CA9270.2016 5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of two (02) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp