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Bombay High CourtCA/3277/2018disposed off

Savita Pramod Pole And Others v. Pradip Laxmanrao Chandulwar (Died) Thr Lrs Prabha And ORS

2022-10-07Hon'Ble Shri Justice Rajesh S. Patil2 pages

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.3277 OF 2018 IN FAST/16608/2014 SAVITA PRAMOD POLE AND OTHERS

VERSUS

PRADIP LAXMANRAO CHANDULWAR (DIED) THR LRS PRABHA ANDORS ...

Advocate for Applicants : Mr. Agrawal Pavankumar S. CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 3277/2018 is filed for bringing legal heirs of respondent No. 1 on record. 2.

There is a delay of 652 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 judgment of Sardar Amarjit Singh Kalra (Died) by LRs and

-2others 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. 3277/2018 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