Sahebrao Anna Jagtap Died Thr Its Lrs Radhakisan And ORS v. The Cidco Maharashtra, Aurangabad And Others

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11475 OF 2017 IN FA/659/2009 SAHEBRAO ANNA JAGTAP DIED THR ITS LRS RADHAKISAN AND ORS

VERSUS

THE CIDCO MAHARASHTRA, AURANGABAD AND OTHERS ...

Advocate for Applicants : Mr. Jayabhar Dattatraya R. Advocate for Respondent No. 1 : Mr. A.S. Bajaj AGP for Respondent No. 2 : Mr. M.M. Nerlikar CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 11475/2017 is filed for bringing legal heirs of applicant Nos. 1 and 2 on record. 2.

There is a delay of 261 days 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

-2judgment 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 No. 11475/2017 is allowed in terms of prayer clause ' B' and '

C'.

The Civil Application stands disposed off. Abetment stands set aside.

5.

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

[ RAJESH S. PATIL, J. ] SPChauhan