Dagdu Rajaram Yede Died Lrs. Bhagwat And Others v. Limbraj Waman Yede And Others

903.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12126 OF 2022 IN SA/277/2015 WITH CA/7261/2015 IN SA/277/2015 WITH WP/5897/2011 DAGDU RAJARAM YEDE DIED LRS. BHAGWAT AND OTHERS

VERSUS

LIMBRAJ WAMAN YEDE AND OTHERS ...

Advocate for Applicants : Mr. S.V. Bhopi h/f. Mr. Dhorde Vikram R Advocate for Respondent Nos. 1 & 3 : Mr. G.K. Naik Thigale CORAM : RAJESH S. PATIL, J.

DATE : 16TH NOVEMBER, 2022 PER COURT :

1.

Civil Application is filed for bringing on record legal heirs of appellant No. 1.

2.

There is a delay of 539 days in filing this application. The counsel for respondent 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

903.odt 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 stands set aside.

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of three

(03) weeks from today.

( RAJESH S. PATIL, J. ) SPChauhan