Datta Madhavrao Hambarde v. Kishan Antaji Hambarde And Others

1 950CA8941.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

950 CIVIL APPLICATION NO.8941 OF 2014 IN SA/610/2011 DATTA MADHAVRAO HAMBARDE

VERSUS

KISHAN ANTAJI HAMBARDE AND OTHERS ...

Advocate for Applicant : Mr. B. G. Deshmukh ...

CORAM : RAJESH S. PATIL, J.

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

This Civil Application is filed for bringing on record legal heirs of respondent no. 1.

2.

Notices were already issued. Advocate Mr. V. P. Golewar has filed Vakalatnama on behalf of proposed legal heirs of respondent no. 1. There is delay in filing this 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 950CA8941.2014 4.

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