Jabbar Khan Rahimkhan Lrs Hamidabee And Others And ORS v. Laxman Bhagaji Dandage Died Thr. L.Rs. Indrabai And ORS

25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4467 OF 2019 IN SA/48/2013 JABBAR KHAN RAHIMKHAN LRS HAMIDABEE AND OTHERS

VERSUS

LAXMAN BHAGAJI DANDAGE DIED THR. L.RS. INDRABAI AND OTHERS ...

Advocate for Applicants : Mr. Sanket A. Jadhav h/f. Mr. Devang R. Deshmukh CORAM : RAJESH S. PATIL, J.

DATE : 12th DECEMBER, 2022 PER COURT :

1.

This Civil Application is filed for bringing on record the legal heirs of deceased appellant No. 1.

2.

There is a delay of 64 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

25.odt 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, Civil Application is allowed in terms of prayer clauses 'B'

and 'C'

. Abatement, if any, stands set aside.

5.

The Civil Application stands disposed off.

6.

Amendment to be carried out within a period of four weeks from today.

( RAJESH S. PATIL, J. ) SPChauhan