Champati Gangadhar Kawale Died Thr Lrs Sumitrabai Champati Kawale Died Thr Lrs And ORS v. The Kinwat Municipal Council Kinwat Thr Its Chief Exe Officer And ORS

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11279 OF 2018 IN FA/912/2004 CHAMPATI GANGADHAR KAWALE DIED THR LRS SUMITRABAI CHAMPATI KAWALE DIED THR LRS AND ORS

VERSUS

THE KINWAT MUNICIPAL COUNCIL KINWAT THR ITS CHIEF EXEOFFICER AND ORS ...

Advocate for Applicants : Mr. S.A. Nimbalkar h/f. Mr. Gandhi Amol S.

Advocate for Respondent No. 1 : Mr. P. V. Mandlik AGP for Respondent No. 2 : Mr. A.M. Phule CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 11279/2018 is filed for bringing legal heirs of applicant No. 2 - Madhavrao on record.

2.

There is a delay of days in filing this application. Learned counsel for respondent opposes the 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,

-2condoned 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.

4.

Relying upon the above judgments and for the reasons stated in the application, civil application No. 11279/2018 is allowed in terms of prayer clause ' B'

. The Civil Application stands disposed off. Abetment stands set aside.

5.

Amendment to be carried out within a period of six (06) weeks from today.

[ RAJESH S. PATIL, J. ] SPChauhan