Shankar Namdev Sutar v. Kashinath Bhimrao Hunchanale, Died Thr. L.Rs. Kisan And ORS

913-10.12CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO.10 OF 2012 IN SAST/7571/2009 SHANKAR NAMDEO SUTAR

VERSUS

KASHINATH BHIMRAO HUNCHANALE, DIED THR. L.RS. KISAN AND OTHERS ...

Advocate for respondent nos.1, 2A, 2B , 3 and 4 : Ms. Ashwini R. Mate h/f Mrs. M.S. Thube-Mhase ...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 18, 2022 PER COURT :

1.

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

2.

There is a delay of 412 days 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 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

913-10.12CA "B" and "C". Abatement stands set aside.

5.

The Civil Application is accordingly disposed off. 6.

Amendment to be carried out within a period of three

(03) weeks from today.

[RAJESH S. PATIL] JUDGE sga/-