Babashetty Annarao Sangale v. Shantappa Pratappa Tondare Thr Lrs Gangadhar S Tondare And ORS

1 912CA13315.2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

912 CIVIL APPLICATION NO.13315 OF 2012 IN SA/420/1998 BABASHETTY ANNARAO SANGALE

VERSUS

SHANTAPPA PRATAPPA TONDARE THR LRS GANGADHAR S TONDARE AND ORS ...

Advocate for Applicant : Mr.H.B. Nandagavale h/f V.G. Sakolkar Advocate for Respondent no. 3 : Mr. S. V. Chillarge ...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 22, 2022 PER COURT : - 1.

This application is filed for bringing on record legal heirs of respondent no. 1 - Shantappa. There is some delay in filing this application.

2.

The counsel for respondent no.3 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.

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.

sgp

2 912CA13315.2012 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