The New India Assurance Company Ltd. Auranagab v. Shri Babasaheb @ Ashok Sumantrao Sase And Others

- 1 - 986CA7630.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

986 CIVIL APPLICATION NO.7630 OF 2020 IN FAST/32697/2013 THE NEW INDIA ASSURANCE COMPANY LTD. AURANAGAB

VERSUS

SHRI BABASAHEB @ ASHOK SUMANTRAO SASE AND OTHERS ...

Advocate for Applicant : S. P. Kulkarni ...

CORAM : RAJESH S. PATIL, J.

DATE : OCTOBER 07, 2022 PER COURT : - 1.

Civil Application No. 7630/2020 is filed for bringing legal heirs of respondent no. 2 - Raghunath, on record.

2.

There is a delay of 1986 days in filing this application.

3.

The Division Bench of this Hon'

ble High 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 of bringing legal heirs on record, relying on Supreme Court judgment 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.

SP Chauhan

- 2 - 986CA7630.2020.odt 4.

Relying upon the above judgments and for the reasons stated in the application, civil application No. 7630/2020 is allowed in terms of prayer clause ' A'

, '

B' and '

C'

, subject to payment of costs of Rs. 2000/- to be paid by the applicants to the respondents herein.

5.

The Civil Application stands disposed off.

6.

Abatement, if any, stands set aside.

7.

Amendment to be carried out within a period of six

(06) weeks from today.

[ RAJESH S. PATIL ] JUDGE SP Chauhan