Sk. Munir Haji Abdul Karim Mansuri Died Mohd. Yusuf And ORS v. Sk. Yusuf Sk. Hasan Die Lrs Rashedabee And ORS

915CA13137.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13137 OF 2017 IN SA/908/2009 SK. MUNIR HAJI ABDUL KARIM MANSURI DIED LRS MOHD. YUSUF AND ORS

VERSUS

SK. YUSUF SK. HASAN DIED LRS. RASHEDABEE AND ORS ...

Advocate for Applicants : Mr. Vakil Afzal Husain M. CORAM : RAJESH S. PATIL, J.

DATE : 21th DECEMBER, 2022 PER COURT :

1.

This Civil Application is filed to bring on record legal heirs respondent No. 1.

2.

There is a delay of 1278 days in filing 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 filing the application for bringing legal heirs on record relying upon judgment of Hon'ble Supreme Court in the case of Sardar Amarjit Singh Kalra (Died) by LRs and others Versus

915CA13137.17.odt Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

5.

For the reasons stated in the Civil Application and in view of the ratio laid down in the above judgments, Civil Application is allowed in terms of prayer clause ' B'

and 'C'

.

6.

Civil Application is accordingly, disposed off. 7.

Amendment to be carried out within a period of four weeks from today.

( RAJESH S. PATIL, J. ) SPChauhan