Shripatrao Ramrao Patil v. Dnyandev Keshav Bansode And Others

1 947CA1178.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

947 CIVIL APPLICATION NO.1178 OF 2014 IN RC/1419/2008 WITH CA/1177/2014 IN RC/1419/2008 WITH CA/1179/2014 IN RC/1419/2008 SHRIPATRAO RAMRAO PATIL

VERSUS

DNYANDEV KESHAV BANSODE AND OTHERS ...

Advocate for Applicant : Mr. M. L. Dharashive Advocate for respondent nos. 1 and 3 : Mr. Amit Fulfagar h/f Mr. P. R. Katneshwarkar ...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 11, 2022 PER COURT : - CIVIL APPLICATION NO. 1178 OF 2014 :

This application is filed for bringing on record legal heirs of respondent no. 4 - Gopinath Mundha Kamble.

2.

Advocate Mr. Amit Fulfagar holding for Mr. P. R. Katneshwarkar submits that Mr. Katneshwarkar has filed vakalatnama for proposed legal heirs of respondent no. 4. 3.

There is a delay of 2180 days in filing this application. 4.

The counsel for respondent opposes the application.

2 947CA1178.2014 5.

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.

6.

Relying upon the above judgments and for the reasons stated in the application, Civil Application No. 1178/2014 is allowed in terms of prayer clause "B" and "C". Abatement stands set aside. 7.

The Civil Application stands disposed off.

8.

Amendment to be carried out within a period of two (02) weeks from today.

CIVIL APPLICATION NO. 1177 OF 2014 :

This Civil Application is filed for bringing on record legal heirs of respondent no. 2 - Gyanoba Keshav Bansode.

3 947CA1178.2014 2.

There is a delay of 3243 days in filing this application. 3.

Issue notice to the proposed legal heirs of respondent no. 2, returnable on 09th December, 2022.

4.

In addition to the court notice, the counsel for the applicant is at liberty to serve proposed legal heirs of respondent no. 2 with private notice and file affidavit of service to that effect before the returnable date.

CIVIL APPLICATION NO. 1179 OF 2014 :

This civil application is filed for bringing on record legal heirs of respondent no. 7 - Bali Bapu Bhujbal. 2.

Await service.

[ RAJESH S. PATIL ] JUDGE