Annaso Shahu Chikkode v. Krushnabai Shahu Chikkode (Since Decd) Through Lrs, Laxmibai Pirgonda Patil And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2091 OF 2012 IN WRIT PETITION NO. 2025 OF 2009 Annaso Shahu Chikkode ...Petitioner

Versus

Krushnabai Shahu Chikkode (since Decd) Through Lrs, Laxmibai Pirgonda Patil And Ors. ...Respondents None present for petitioner.

None present for respondents.

CORAM:

RAJESH S. PATIL, J DATED:

20th March, 2023 PC:- 1.

This Application is filed for bringing the proposed legal heirs of deceased respondent no.1 on record.

2.

Mr.Abhijit Adagule has filed vakalatnama on behalf of the proposed legal heirs of deceased respondent no.1. No reply has been filed on behalf of the proposed legal heirs, opposing this 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 others, reported in (2003) 3 SCC 272.

4.

Relying upon the ratio laid down in the above judgments and for the reasons stated in the application, Interim Application is allowed in terms of prayer clause (a) and (b). Abatement stands set aside. 5.

Amendment to be carried out within four weeks from today. 6.

The Interim Application stands disposed off.

(RAJESH S. PATIL,J.)