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Bombay High CourtCA/16619/2016disposed off

Bhikan Dodhu Rane Died Thr Lrs Shobhabai And ORS v. Mangal Nana Bhadane And ORS

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

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.16619 OF 2016 IN FA/23/2009 BHIKAN DODHU RANE DIED THR LRS SHOBHABAI AND ORS

VERSUS

MANGAL NANA BHADANE AND ORS ...

Advocate for Applicants : Mr. A S Bayas Advocate for Respondent Nos. 1 to 4 : Mr. Umesh Mitkari h/f. Mr. Mukul Kulkarni CORAM : RAJESH S. PATIL, J.

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

Civil Application No. 16619/2019 is filed for bringing legal heirs of applicant - Bhikan on record. 2.

There is a delay of 2052 days 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

-2judgment 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 No. 16619/2016 is allowed in terms of prayer clause ' B'

, subject to payment of costs of Rs. 2000/- to be paid by applicants the respondents. 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