Bison Ashruba Gaite Lrs Anjabai And Others v. Santuba Rangnath Gaite

1 988CA13139.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

988 CIVIL APPLICATION NO.13139 OF 2016 IN SA/339/2009 BISON ASHRUBA GAITE LRS ANJABAI AND OTHERS

VERSUS

SANTUBA RANGNATH GAITE ...

Advocate for Respondent : Mr. A. S. Usmanpurkar ...

CORAM : RAJESH S. PATIL, J.

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

This is an application filed for bringing on record legal heirs of applicant - Bison. There is a delay of 100 days in filing this application.

2.

The counsel for respondent 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.

sgp

2 988CA13139.2016 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.

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