Rewanappa Kashinathappa Barule And Another. v. Maruti Malba Hande Died Shivaji Died Lrs. Sakhubai Shivaji Hande And Others.

{1} 904-CA-16072-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16072 OF 2022 IN SECOND APPEAL NO. 615 OF 1992 REWANAPPA KASHINATHAPPA BARULE AND ANOTHER

VERSUS

MARUTI MALBA HANDE AND OTHERS ...

Advocate for Applicants : Mr. M.D. Narwadkar Advocate for Respondent Nos.1/A-i to v and 1/B : Mr. G.K. Sontakke ....

CORAM : RAJESH S. PATIL, J.

DATE : 2nd December, 2022 PER COURT :

1.

This Civil Application is fled for bringing on record legal representatives of the respondent Nos.2 and 3 and also for issuing fresh notice to respondent No.4.

2.

Learned Counsel for respondent No.1 opposes this Civil 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 fling the application for bringing legal heirs on record relying upon Pooja K.

{2} 904-CA-16072-2022 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 'A', 'B' and 'C'.

5.

Notice be issue to respondent No.4 returnable on 13th January, 2023.

6.

Amendment to be carried out by adding the names of legal representatives of deceased respondent Nos.2 and 3 within a period of three (3) weeks' from today.

7.

The Civil Application stands disposed of.

[ RAJESH S. PATIL ] JUDGE Pooja K.