Parwatibai Narsingrao Biradar Died Lrs Namdeo And ORS v. Abdul Baset@ Tawfeek Ahmed And ORS

1 984CA10205.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

984 CIVIL APPLICATION NO.10205 OF 2016 IN SA/140/2007 WITH CA/10206/2016 IN SA/187/2007 PARWATIBAI NARSINGRAO BIRADAR DIED LRS NAMDEO AND ORS

VERSUS

ABDUL BASET@ TAWFEEK AHMED AND ORS ...

Advocate for Respondent no. 2 : Mr. S. P. Shah ...

CORAM : RAJESH S. PATIL, J.

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

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

2.

There is a delay of 740 days in filing this application. The counsel for respondent no. 2 vehemently 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 984CA10205.2016 4.

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