Manga Suka Wanjari Died Lrs. Jagan Manga Vanjari And Others. v. Ramchandra Waman Neve. (Deleted)Saraswatibai Died Lrs. Pushpabai And ORS

1 906CA16016.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

906 CIVIL APPLICATION NO.16016 OF 2022 IN SA/255/1996 WITH CA/16017/2022 IN SA/255/1996 MANGA SUKA WANJARI JAGAN MANGA VANJARI AND OTHERS.

VERSUS

RAMCHANDRA RAMAN NEVE. (DELETED) SARASWATIBAI DIED LRS. PUSHPABAI AND ORS.

...

Advocate for Applicants : Mr. Manish N. Navandar Advocate for respondent no. 3 : G. V. Wani Advocate for respondent nos. 2 and 4 : Mr. V. T. Choudhari ...

CORAM : RAJESH S. PATIL, J.

DATE : DECEMBER 01, 2022 PER COURT : - CIVIL APPLICATION NO.16016 OF 2022 :

1.

This civil application is filed for bringing on record legal heirs of respondent no. 4 with a further prayer to condone the delay.

2.

Issue notice to the proposed legal heirs of deceased respondent no. 4, returnable on 05th January, 2023. 3.

In addition to the court notice, the counsel for the applicants is also permitted to serve the proposed legal heirs of deceased respondent no. 4 with private and file affidavit of service before the returnable date.

sgp

2 906CA16016.2022 CIVIL APPLICATION NO.16017 OF 2022 :

1.

This civil application is filed for bringing on record legal heirs of applicant nos. 3, 4, 5 and 8.

2.

There is delay in filing this application.

3.

The counsel for respondents opposes the application. 4.

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. 5.

Relying upon the above judgments and for the reasons stated in the application, Civil Application No. 16017/2022 is allowed in terms of prayer clauses "B" to "K". Abatement stands set aside.

6.

Civil Application stands disposed off.

7.

Amendment to be carried out within a period of two

(02) weeks from today.

[ RAJESH S. PATIL ] JUDGE sgp