Amarlal Meghraj Khatri And Others v. Amrutrao Murlidhar Gondkar And Others

910CA14468.22 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.14468 OF 2022 IN SAST/2626/2019 AMARLAL MEGHRAJ KHATRI AND OTHERS

VERSUS

AMRUTRAO MURLIDHAR GONDKAR AND OTHERS ...

Advocate for Applicants : Mr. Kulkarni Sanket S. Advocate for Respondents : Mr. A.N. Barhate Patil h/f. Mr. S.S. Chapalgaonkar CORAM : RAJESH S. PATIL, J.

DATED : 12 OCTOBER, 2022 PER COURT:- 1.

This is application an application for bringing on record the legal heirs of deceased respondent No. 2. 2.

Learned Advocate holding for Advocate for the respondents states that he has no objection to allow the Civil Application, since he also deserves to file similar kind of application in his Second Appeal.

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

910CA14468.22 -2bringing legal heirs on record, relying on Supreme Court judgment 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.

In view of the judgment referred above and the facts stated in the application, Civil Application is allowed in terms of prayer clauses '

A' to '

D'

.

5.

Amendment to be carried out on or before 18.11.2022.

[ RAJESH S. PATIL, J. ] SPChauhan