Dangal Baliram Patil (Sonavane) Died Lrs. Aaprubai And ANR v. Kesharbai Pitambar Patil Deceased Lrs. Rajendra And Others

31.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10846 OF 2022 IN SA/609/2017 DANGAL BALIRAM PATIL (SONAVANE) DIED THR. LRS. AAPRUBAI AND ANOTHER

VERSUS

KESHARBAI PITAMBAR PATIL DECEASED THR. LRS. RAJENDRA AND OTHERS ...

Advocate for Applicants : Mr. Tapan K. Sant Advocate for Respondent No. 3 : Mr. Mangesh M. Jadhav h/f. Mr. D.R. Jetliya CORAM : RAJESH S. PATIL, J.

DATE : 12th DECEMBER, 2022 PER COURT :

1.

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

2.

There is a delay of 643 days in filing this application. Learned Advocate for respondent No. 3 opposes the 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

31.odt 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.

4.

Relying upon the above judgments and for the reasons stated in the application, Civil Application is allowed in terms of prayer clauses '

A' and '

B'

. Abatement, if any, stands set aside.

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of two weeks from today.

( RAJESH S. PATIL, J. ) SPChauhan