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Bombay High CourtCA/9147/2022disposed off

Kashibai Dadarao Nimbalkar (Died) Chingabai (Died) Lrs. Malanbai Manohar Salunke And ORS v. Rajendra Tukaram Nimbalkar And Others

2022-11-21Hon'Ble Shri Justice Rajesh S. Patil2 pages

{1} 926-CA-9147-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9147 OF 2022 IN SECOND APPEAL NO. 481 OF 1992 KASHIBAI DADARAO NIMBALKAR (DIED) CHINGABAI (DIED) LRS. MALANBAI MANOHAR SALUNKEAND OTHERS

VERSUS

RAJENDRA TUKARAM NIMBALKAR AND OTHERS ...

Advocate for Applicants : Mr. V.G. Mete ....

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.1-B.

2.

There is some delay for fling 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 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 Pooja K.

{2} 926-CA-9147-2022 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 civil application, civil application is allowed in terms of prayer clauses 'B', 'C' and 'D'.

5.

The Civil Application is disposed of.

6.

Amendment to be carried out within a period of three

(3) weeks from today.

[ RAJESH S. PATIL ] JUDGE Pooja K.