Mashidbee Kashimsaheb Mulla (Mujewar) Lrs Hasmatbee v. Hasansaheb Ghudusaheb Mulla (Died) Lrs Jorabee And Others

1 1023CA2049.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

1023 CIVIL APPLICATION NO.2049 OF 2019 IN SA/524/2001 MASHIDBEE KASHIMSAHEB MULLA (MUJEWAR) DECEASED THROUGH LRs - HASMATBEE W/O RASULSAHEB SHAIKH

VERSUS

HASANSAHEB GHUDUSAHEB MULLA DIED THROUGH LRs - JORABEE W/O HASANSAHEB MULLA (MUJEWAR) AND OTHERS ...

Advocate for Applicant : Mr. H. B. Nandagavale h/f V. G. Sakolkar Advocate for Respondent no. 1/1, 1/ 2 : Mr. S. S. Manale ...

CORAM : RAJESH S. PATIL, J.

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

This Civil Application is filed for bringing on record legal heirs of sole appellant.

2.

There is a delay of 2513 days in filing this application. 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 1023CA2049.2019 4.

Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause "B", "C" and "D". Abatement stands set aside.

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of three (03) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp