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Bombay High CourtCA/8593/2021disposed off

Mohmad Wahidoddin Md. Hisamuddin, Died Thr. L.Rs. Md. Ehtashamuddin Lrs Merajunnisa And ORS v. The Commissioner, Nanded-Waghala Municipal Corp.

2022-11-29Hon'Ble Shri Justice Rajesh S. Patil2 pages

{1} 921.8593.21 ca sr...odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8593 OF 2021 IN SA/107/2013 MD. WAHIDODDIN MD. HISAMUDDIN DIED THR LRS AND ORS

VERSUS

THE COMMISSIONER, NANDED-WAGHALA MUNICIPAL CORP. ...

Advocate for Appellant : Mr. Shaikh Mujtaba Gulam Mustafa CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 29, 2022.

P.C.:- 1.

This civil application is filed for bringing LRs of deceased Applicant No. 1 (7). There is delay in filing the application.

2.

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.

{2} 921.8593.21 ca sr...odt 3.

For the reasons stated in the application, the application is allowed in terms of prayer clause (C). 4.

Amendment to be carried out within two weeks. 5.

Civil application is disposed of.

[RAJESH S. PATIL] JUDGE.

grt/-