Sumanbai Gopal Kale Since Dec Thr Her ... vs Madhukar Rajaram Pethe Since Dec Thr His ...
2024 Latest Caselaw 3404 Bom

Bombay High Court

Sumanbai Gopal Kale Since Dec Thr Her ... vs Madhukar Rajaram Pethe Since Dec Thr His ... on 5 February, 2024

2024:BHC-AS:5859


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                                                                     8 - IAST 27475 OF 2023.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
                         INTERIM APPLICATION (ST) NO.27475 OF 2023
                                            IN
                               WRIT PETITION NO. 559 OF 1997
           Smt. Sumanbai Gopal Kale,
           Since deceased thr. Her legal heirs
           Sindhu Bhalchandra Kasar & Ors.                         ..... Applicants
                 VERSUS
           Madhukar Rajarm Pethe ( Deceased)
           Thr. His legal heirs
           Mrs.Mangala Madhukar Pethe & Ors.                       ...Respondents

           Mr.S.M.Gorwadkar for the Applicants.

           Mr.Aditya A. Joshi i/b. Ms.Shruti Tulpule for the Respondents.

                                                    CORAM: RAJESH S. PATIL, J.

                                                    DATE    : 5 FEBRUARY, 2024

           P.C. :-

There is delay in filing this application.

2. Learned advocate for the respondents has no objection if

the present interim application to bring on record the legal heirs

of the deceased petitioner is allowed.

3. Heard and gone through the contents of the interim

application.

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8 - IAST 27475 OF 2023.doc

4. The Division Bench of this Court in case of Keshao s/o.

Kawadu Maral & Anr. vs. State of Maharashtra & Others,

reported in 2005 (1) Mah.L.J. 1059, condoned the delay of six

years in filing the application for bringing the legal heirs on

record, relying on the Supreme Court judgment in case of Sardar

Amarjit Singh Karla (dead) By LRs. And Others vs. Pramod

Gupta (Smt.) (dead) by LRs. And Others, reported in 2003 (3)

SCC 272.

5. Taking into consideration the above judgments and for the

reasons stated in the application, this interim application is

allowed in terms of prayer clauses (a), (b) and (c).

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

from today.

7. Interim application is disposed of.

[RAJESH S. PATIL, J.]