Mainabai Bankatlal Bogawat And ORS v. The State Of Maharashtra And ANR

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5892 OF 2020 IN FA/2218/2010 MAINABAI BANKATLAL BOGAWAT AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. Bhapkar S.L.

AGP for Respondent No. 1 : Mr. R.V. Dasalkar Advocate for Respondent No. 2 : Mr. J.R. Patil h/f. Mr. G.B. Rajale CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 5892/2020 is filed for bringing legal heirs of applicant no. 2 - Bankatlal, on record. 2.

There is delay 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 judgment of Sardar Amarjit Singh Kalra (Died) by LRs and

-2others 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. 5892/2020 is allowed in terms of prayer clause ' B'

. The Civil Application stands disposed off. Abatement stands set aside. 5.

Amendment to be carried out within a period of six (06) weeks from today.

[ RAJESH S. PATIL, J. ] SPChauhan