Karbhari Tukaram Kharade Died Lrs. Ashok Karbhari Bhosale And ORS. v. Shakuntalabai Vaijinath Tambe And Others

{1} 921-CA-17200-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 17200 OF 2022 IN SECOND APPEAL NO. 569 OF 2021 KARBHARI TUKARAM KHARADE DIED THR LRS ASHOK KARBHARI BHOSALE AND OTHERS

VERSUS

SHAKUNTALABAI VAIJINATH TAMBE AND OTHERS ...

Advocate for Applicants : Mr. K.R. Joshi Advocate for Respondent No.1 : Mr. D.R. Deshmukh ....

CORAM : RAJESH S. PATIL, J.

DATE : 21st December, 2022 PER COURT :

1.

This Civil Application is fled for bringing on record legal heirs of appellant No.1 on record. There is delay of 523 days in fling this application.

2.

Learned Counsel for respondent No.1 opposes 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 fling the application for bringing legal heirs on record relying upon judgment of Hon'ble Supreme Court in the case of Sardar Amarjit Singh Pooja K.

{2} 921-CA-17200-2022 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'.

5.

Amendment to be carried out within a period of three (03) weeks from today.

[ RAJESH S. PATIL ] JUDGE Pooja K.