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Bombay High CourtCA/2571/2017disposed off

Padminbai Phulchand Dangur Died Thr Lrs Satish Hukulchand Lad (Dangur) v. The State Of Maharashtra And Another

2022-10-07Hon'Ble Shri Justice Rajesh S. Patil2 pages

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2571 OF 2017 IN FA/559/2013 PADMINBAI PHULCHAND DANGUR DIED THR LRS SATISH HUKULCHAND LAD (DANGUR)

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Gundre Suraj V AGP for Respondent No. 1 : Mr. B.V. Virdhe CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 2571 of 2017 is filed for bringing legal heirs of applicant - Padminbai on record. 2.

There is a delay of 782 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

-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. 2571 of 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