Gmidc Aurangabad Through Its Executive Engineer Minor Irrigation Divn Ambajogai Dist Beed v. The State Of Maharashtra And Others

- 1 - 979CA7259.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

979 CIVIL APPLICATION NO.7259 OF 2020 IN FA/911/2014 GMIDC AURANGABAD THROUGH ITS EXECUTIVE ENGINEER MINORIRRIGATION DIVN AMBAJOGAI DIST BEED

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Surwase B. R.

AGP for Respondent/State : Mr. A. M. Phule Advocate for respondent no. 2 : Mr. Bangar ...

CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 7259/2020 is filed for bringing legal heirs of respondent no. 2 - Rukhminibai, on record.

2.

There is a delay of 1396 days in filing this application. Learned AGP for respondent/State 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, condoned 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 SP Chauhan

- 2 - 979CA7259.2020.odt 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. 7259/2020 is allowed in terms of prayer clause ' B'

, subject to the payment of costs of Rs. 500/- to be paid by the applicant with the High Court Legal Services, Sub-committee, Aurangabad.

5.

The Civil Application stands disposed off.

6.

Abatement, if any, stands set aside.

7.

Amendment to be carried out within a period of six

(06) weeks from today.

[ RAJESH S. PATIL ] JUDGE SP Chauhan