Prabhakar Nagnathrao Lokhande (Died) Thr Lrs Latabai And ORS v. The State Of Maharshtra And ORS

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13401 OF 2017 IN FA/3280/2011 PRABHAKAR NAGNATHRAO LOKHANDE (DIED) THR LRS LATABAI AND ORS

VERSUS

THE STATE OF MAHARSHTRA AND ORS ...

Advocate for Applicants : Ms. Y.S. Mulay (Pawar) Mr. Patil Milind M. (Beedkar) AGP for Respondent No. 1 : Mr. A.M. Phule CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 13401/2017 is filed for bringing legal heirs of applicant No. 1 - Prabhakar on record.

2.

There is a delay of 774 days in filing this application. Learned counsel for respondent 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

-2bringing legal heirs on record, relying on Supreme Court judgment 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.

4.

Relying upon the above judgments and for the reasons stated in the application, civil application No. 13401/2017 is allowed in terms of prayer clause ' B' and '

C'.

The Civil Application stands disposed off. Abetment stands set aside.

5.

Amendment to be carried out within a period of six (06) weeks from today.

[ RAJESH S. PATIL, J. ] SPChauhan