Asaram Baburao More Died Lrs. Shivaji Asaram More And ORS. v. Sampatrao Bapurao More Died Lrs. Sushilabai Sampatrao More And Others

{1} 13-CA-15962-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15962 OF 2022 IN SECOND APPEAL NO. 568 OF 2018 ASARAM BABURAO MORE DIED THR LRS SHIVAJI ASARAM MORE AND OTHERS

VERSUS

SAMPATRAO BAPURAO MORE DECEASED THROUGH LRS SUSHILABAI AND OTHERS ...

Advocate for Applicants : Mr. S.K. Chavan Advocate for Respondent Nos.1, 2A & 2B : Mr. M.M. Patil-Beedkar ....

CORAM : RAJESH S. PATIL, J.

DATE : 5th December, 2022 PER COURT :

1.

This Civil Application is fled for setting aside the abatement order and for bringing on record legal heirs of deceased appellant - Asaram Baburao More. There is delay in fling this application. 2.

Learned Counsel for respondent Nos.1, 2A and 2B does not oppose this Civil 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 fling the application for bringing legal heirs on record relying upon judgment Pooja K.

{2} 13-CA-15962-2022 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. 4.

Relying upon the above judgments and for the reasons stated in the application, Civil Application is allowed in terms of prayer clauses 'B' and 'C'.

5.

The Civil Application stands disposed of.

6.

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

[ RAJESH S. PATIL ] JUDGE Pooja K.