Posalya Kalu Kokani (Died) Thr Lrs Manga Poslya Kokani And ORS v. Special Land Acq. Officer Nandurbar And ANR

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10461 OF 2018 IN FA/424/2008 POSALYA KALU KOKANI (DIED) THR LRS MANGA POSLYA KOKANI AND ORS

VERSUS

SPECIAL LAND ACQ. OFFICER NANDURBAR AND ANR ...

AGP for Respondent No. 1 : Mr. S.J. Salgare CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 10461/2018 is filed for bringing legal heirs of applicant No. 2 on record. 2.

There is a delay of 7 years in filing this application. Learned counsel for respondent 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 others Versus Pramod Gupta (Smt.) Dead) by Lrs. And

-2others, reported in (2003) 3 SCC 272.

4.

Relying upon the above judgments and for the reasons stated in the application, civil application No. 10461/2018 is allowed in terms of prayer clause ' B'

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