BALIRAM TULSHIRAM GAVATE(DIED) LRS SHASHIKALABAI v. NAMDEO VITHALRAO GAVATE (DIED) LRS KEWALABAI NAMDEO
Case at a glance
Outcome
Disposed of
The Civil Application stands disposed off
Key paragraphs
- Para 44. Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause “A” and “B”. Abatement stands set aside.
Judgment
BALIRAM TULSHIRAM GAVATE(DIED) LRS SHASHIKALABAI BALIRAM GAVATE AND ORS VERSUS NAMDEO VITHALRAO GAVATE (DIED) LRS KEWALABAI NAMDEO GAVATE AND ORS. ... Adv. for respdt no.1: Mr.M.L. Paithane h/f Mr.A.S. Golegaonkar ... CORAM : RAJESH S. PATIL, J. DATE : NOVEMBER 22, 2022 PER COURT : -
This application is filed for bringing on record legal heirs of respondent no. 1. Proposed legal heirs have been served. Mr. M. L. Paithane holding for Mr. A. S. Golegaonkar states that he has instructions to appear for the proposed legal heirs of respondent no. 1.
There is delay of 6 years 4 months and 19 days in filing this application. The counsel for respondent no. 1 opposes the application.
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 Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272. 2 910CA12680.2010
Relying upon the above judgments and for the reasons stated in the application, same is allowed in terms of prayer clause “A” and “B”. Abatement stands set aside.
Operative part
The Civil Application stands disposed off.
Amendment to be carried out within a period of two (02) weeks from today. [ RAJESH S. PATIL ] JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Civil Application stands disposed off
Which court decided this case, and when?
Bombay High Court, on 22 Nov 2022. The bench was RAJESH S PATIL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.