Satish Damodhar Kalam v. Ganpat Vithal Hake And ORS

1 929CA13234.2010

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

929 CIVIL APPLICATION NO.13234 OF 2010 IN SAST/12240/2007 SATISH DAMODHAR KALAM

VERSUS

GANPAT VITHAL HAKE AND ORS ...

Advocate for Applicant : Mr. P. S. Dighe h/f Mr. V. R. Dhorde Advocate for respondent no. 5 : Mrs. M. A. Kulkarni ...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 11, 2022 PER COURT : - 1.

This is an application filed for bringing on record legal heirs of respondent no. 5.

2.

There is a delay of 25 days caused in filing this application. The counsel for respondent no. 5 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 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.

sgp

2 929CA13234.2010 4.

Relying upon the above judgments and for the reasons stated in the application, Civil Application No. 13234 of 2010 is allowed in terms of prayer clause "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 (02) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp