Harshanagar Sahakari Bhadekaru Malki G.N. Sanshtha,Nanded v. Sitaram Maganlal Shukla Thro. Lrs Jaiprakash And Others

{1} 11-CA-14871-2018

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14871 OF 2018 IN SECOND APPEAL NO. 226 OF 1994 HARSHNAGAR SAHAKARI BHADEKARU MALKI GRUHNIRMAN SANSTHA THROUGH CHAIRMAN-KONDIBA

VERSUS

SITARAM MAGANLAL SHUKLA LRS JAIPRAKASH AND OTHERS ...

Mr. G.A. Gadhe - Advocate for Applicant Ms. Y.S. Mulay h/f. Mr. M.M. Patil - Advocate for Respondent Nos.1/1 to 1/5 and 2/1 to 2/5 ....

CORAM : RAJESH S. PATIL, J.

DATE : 28th November, 2022.

PER COURT :

1.

This civil application is fled for bringing legal heirs of deceased respondent No.2.

2.

There is delay of some days in fling this application. 3.

Ms. Y.S. Mulay - learned Counsel holding for Mr. M.M. Patil - learned Counsel has already fled Vakaltnama on behalf of legal heirs of respondent No.1.

4.

The Division Bench of this Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 Pooja K.

{2} 11-CA-14871-2018 (supp.) B.C.R. 226, condoned the delay of six years in fling 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 is allowed in terms of prayer clause 'A'.

6.

The Civil Application stands disposed of.

7.

Amendment to be carried out within a period of two (02) weeks from today.

[ RAJESH S. PATIL ] JUDGE Pooja K.