Mallikarjun Sidhanappa Patne Died Thr Lrs Vatsalabai And ORS v. The State Of Maharashtra

907CA15249.2016 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.15249 OF 2016 IN RAST/25151/2016 MALLIKARJUN SIDHANAPPA PATNE DIED THROUGH LRS VATSALABAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. A.R. Barote h/f. Mr. Ingale Vivekanand V.

AGP for Respondent : Mr. S.J. Salgare CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 15249/2016 is filed for bringing legal heirs of applicant on record.

2.

There is a delay of 1053 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 bringing legal heirs on record, relying on Supreme Court

907CA15249.2016 -2judgment 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. 15249/2016 is allowed in terms of prayer clause ' B'

, subject to payment of costs of Rs. 1000/- to be paid by applicants with the High Court Legal Services, Sub-committee, Aurangabad. 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