Asrubai Suba Deokate Died Lrs Sakhubai And Others v. Dhule Appa Dhaigude And Others

1 951CA804.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

951 CIVIL APPLICATION NO.804 OF 2015 IN SA/448/2005 ASRUBAI SUBA DEOKATE DIED LRS SAKHUBAI AND OTHERS

VERSUS

DHULE APPA DHAIGUDE AND OTHERS ...

Advocate for Applicants : Mr. Ajinkya A. Joshi h/f Mr. Sharad Natu Advocate for Respondents no. 1 and2 (a) : Shri M. A. Kulkarni ...

CORAM : RAJESH S. PATIL, J.

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

This civil application is filed for bringing on record legal heirs of sole appellant.

2.

There is a delay of 324 days in filing this application. Counsel for respondent no. 1 and 2(a) opposes the application vehemently.

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 951CA804.2015 4.

Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause "A" and "B". Abatement 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