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Bombay High CourtCA/6147/2014disposed off

Sushma Dhondiraj Burande Died L.Rs. Dhondiraj Gurusidappa Burande And Others v. The State Of Maharashtra And Others

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

904CA6147.2014 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6147 OF 2014 IN FA/1238/2008 SUSHMA DHONDIRAJ BURANDE DIED L.RS. DHONDIRAJ GURUSIDAPPA BURANDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

AGP for State : Mr. S.D. Ghayal CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 6147/2014 is filed for bringing legal heirs of applicant - Sau. Sushma on record. 2.

There is a delay of 139 days in filing this application. Learned AGP for respondents 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

904CA6147.2014 -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. 6147/2014 is allowed in terms of prayer clause ' B' and '

D'

, subject to payment of costs of Rs. 1000/- to be paid by applicants with the High Court Legal Services, Subcommittee, Aurangabad. 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