Kallappa Karbasappa Konshette Lrs Satwabai K. K. Lrs Dayanand K. K. Lrs Putalabai Dayanand Konshete v. Goivindrao Bhaurao Patil And ANR.

1 930CA13780.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

930 CIVIL APPLICATION NO.13780 OF 2021 IN SA/402/1998 WITH CA/13781/2021 IN SA/402/1998 KALLAPPA KARBASAPPA KONSHETTE LRS SATWABAI K. K. LRS DAYANAND K. K. LRS PUTALABAI DAYANAND KONSHETE

VERSUS

GOIVINDRAO BHAURAO PATIL AND ANR.

...

Advocate for Applicants: Mr.H.B. Nandagavale h/f Mr.V.G. Sakolkar ...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 22, 2022 PER COURT : - CIVIL APPLICATION NO.13780 OF 2021 :

1.

This Civil Application is filed for bringing on record legal heirs of appellant no. 2 - Dayanand Konshette. 2.

There is a delay of 2212 days caused in filing this 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

2 930CA13780.2021 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, same is allowed in terms of prayer clause "B", "C" and "D".

5.

The Civil Application stands disposed off.

6.

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

CIVIL APPLICATION NO.13781 OF 2021 :

1.

This Civil Application No. 13781 of 2021 is filed for bringing on record legal heirs of respondent no. 2 - Subhash Govindrao Reddy-Made.

2.

There is a delay of 3204 days in filing this application. 3.

Issue notice to the proposed legal heirs of respondent no. 2, returnable on 20th December, 2022.

4.

In addition to the court notice, the counsel for the applicants is at liberty to serve proposed legal heirs of respondent no. 2

3 930CA13780.2021 with private notice and file affidavit of service to that effect on or before the returnable date.

[ RAJESH S. PATIL ] JUDGE