Natha Nana Avhad Died Lrs. Ashok And Another v. Mathurabai Bajirao Avhad And Another

{1} 927-CA-9434-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9434 OF 2022 IN SECOND APPEAL NO. 601 OF 1992 NATHA NANA AVHAD DIED LRS ASHOK AND ANOTHER

VERSUS

MATHURABAI BAJIRAO AVHAD AND ANOTHER ...

Advocate for Applicants : Mr. D.R. Markad h/f.Mr.A.N. Kakade Advocate for Respondents : Mr. P.R. Karpe h/f. Mr. V.S. Bedre ....

CORAM : RAJESH S. PATIL, J.

DATE : 21st November, 2022.

PER COURT :

.

This Civil Application is fled for bringing on record legal heirs of deceased sole appellant.

2.

There is some delay for fling this application. 3.

Learned Counsel for the respondents opposes this application vehemently.

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 six years in fling the application for bringing legal heirs on Pooja K.

{2} 927-CA-9434-2022 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', subject to cost of Rs.1,000/- (rupees one thousand only) payable to the respondents.

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.