Nimba Ratan Patil v. Shashikant Bhaskar Patil And Others

915-8225.13CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO.8225 OF 2013 IN SA/318/2007 NIMBA RATAN PATIL

VERSUS

SHASHIKANT BHASKAR PATIL AND OTHERS ...

Advocate for Applicant : Mr.Afzal Hussain M. Vakil Advocate for respondent nos.1 and 3 : Mr.B.R. Warma Advocate for respondent no.10 : Mr. Mukul Kulkarni ...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 18, 2022 PER COURT :

1.

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

2.

There is some delay in filing this application. 3.

Advocate Mr.B.R. Warma and Advocate Mr. Mukul Kalkarni opposes this application.

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 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.

915-8225.13CA 5.

Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause "ii", "iii" and "iv". Abatement stands set aside. 6.

The Civil Application stands disposed off.

7.

Amendment to be carried out within a period of three

(03) weeks from today.

[RAJESH S. PATIL] JUDGE sga/-