Narayansing Mohansing Patil (Died) Thr Lrs Laxmibai And ORS v. M.I.D.C., Thr Its Area Manager, Jalgaon And ORS

- 1 - 985ca12997.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

985 CIVIL APPLICATION NO.12997 OF 2019 IN FA/1355/2015 NARAYANSING MOHANSING PATIL (DIED) THR LRS LAXMIBAI AND OTHERS

VERSUS

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION, JALGAON AND ORS ...

Advocate for Applicants : Mr. M. M. Jadhav h/f Mr. S. H. Tripath AGP for respondent/State : Mr. M. M. Nerlikar ...

CORAM : RAJESH S. PATIL, J.

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

Not on board. Taken on board at the request of learned counsel for the applicants.

2.

Civil Application No. 12997/2019 is filed for bringing legal heirs of applicant - Narayansing on record. 3.

There is a delay in filing this application. Learned AGP for respondent opposes the application.

4.

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 SP Chauhan

- 2 - 985ca12997.2019.odt Amarjit Singh Kalra (Died) by LRs and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

5.

Relying upon the above judgments and for the reasons stated in the application, Civil Application No. 12997/2019 is allowed in terms of prayer clause ' B'.

6.

The Civil Application stands disposed off.

7.

Abatement, if any, stands set aside.

8.

Amendment to be carried out within a period of six

(06) weeks from today.

[ RAJESH S. PATIL ] JUDGE SP Chauhan