Laxmibai Mahadu Tingare (Since Deceased Throuhg Legal Heirs) v. 1smt.Rakminibai Sahadu Tingare And ORS

025:BHC-AS:1 Diksha Rane 10. SA 547-98.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6687 OF 2024 IN SECOND APPEAL NO. 547 OF 1998 LAXMIBAI MAHADU TINGARE (DECED).

THROUGH LRS.

..APPLICANTS.

VS.

RAKMINIBAI SAHADU TINGARE & ORS.

..RESPONDENTS ------------ Adv. Rushikesh Aradwad i/b. Adv. Vijay Killedar for applicants. Adv. Shamika Oak a/w. Adv. Mandar Limaye for respondent nos. 1, 2, 5 and 6.

------------ CORAM :

RAJESH S. PATIL, J.

DATE :

6 OCTOBER 2025.

P.C. :

1.

This application is filed to bring on record the legal heirs of deceased respondent no.4.

2.

Ms. Oak, learned counsel, is appearing for proposed legal heirs of deceased respondent no.4.

3.

Heard learned counsel for both sides.

4.

I have gone through the contents of the application and satisfied that the case is made out to allow the present application.

Diksha Rane 10. SA 547-98.doc 5.

The Division Bench of this Court in Keshao s/o. Kawadu Maral and another Versus State of Maharashtra and others, reported in 2005 (1) MahLJ 1059, condoned the delay of six years in filing the Application of bringing the legals heirs on record, relying on the Supreme Court judgment of Sardar Amarjit Singh Karla (dead) by LRS. and others Versus Pramod Gupta (Smt.) (dead) by LRS. and others, reported in 2003 (3) SCC 272.

6.

Taking into consideration the law laid down in above judgments and for the reasons stated in the application, the present application is allowed in terms of prayer clauses (b) and (c) and disposed of accordingly.

7.

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

(Rajesh S. Patil, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 06/10/2025 18:18:13