(( 1 )) IN THE HIGH COURT OF JUDICATURE AT…
Delay of two days condoned; application allowed to bring applicants on record; contempt petition ordered to be amended within one week.
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C.A. No.6520/2019
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CIVIL APPLICATION NO.6520 OF 2019 IN CONTEMPT PETITION NO.254 OF 2019 IN WRIT PETITION NO.15068 OF 2017
Shankarrao s/o Malharrao Deshmukh, Died through L.Rs. Indubai wd/o Shankarrao Deshmukh and others ...
... APPLICANTS
VERSUS
The State of Maharashtra & others ... RESPONDENTS
Shri S.B. Ghatol Patil, advocate for applicants Mrs. R.P. Gour, A.G.P. for State
CORAM: PRASANNA B. VARALE AND R.G. AVACHAT, JJ.
DATED : 18th JUNE, 2019.
ORAL ORDER :
C.A. No.6520/2019
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Dehsmukh expired on 2.5.2019 due to old age and serious ailments. The legal heirs/ legal representatives of Shri Shankarrao Malharrao Dehsmukh include widow Indubai, married daughter Manishabai, son Mangesh and son Satish. It is stated that, it took some time for the applicants to collect the necessary documents and approach the counsel. As such, the delay of two days caused in filing the application is for bonafide reasons and unintentional one. The learned counsel also invited our attention to the judgment of this Court reported in 1991 (3) Bom.C.R. 719, in the matter of Venubai Savleram Songaonkar Vs. Gajanan Savleram alias Sawalaram Songaonkar & ors . to submit that the legal representatives of the deceased petitioner are entitled to prosecute the contempt petition. In view of the submission of counsel and for the reasons stated in the application, the delay caused in filing the application is condoned and the application is allowed in terms of prayer clause (B). Contempt Petition No.254/2019 be accordingly amended within one week from today.
(R.G. AVACHAT) (PRASANNA B. VARALE) JUDGE JUDGE
fmp/-
2 issues framed by the court
Whether the delay of two days in filing the application to bring legal heirs on record can be condoned.
Whether the legal representatives of a deceased petitioner are entitled to prosecute a contempt petition.
Colour shows how this judgement treated each authority
Venubai Savleram Songaonkar Vs. Gajanan Savleram alias Sawalaram Songaonkar & orsReferred¶14
1991 (3) Bom.C.R. 719 · Who else cites this
Shankarrao s/o Malharrao Deshmukh, Died through L.Rs. Indubai wd/o Shankarrao Deshmukh
The State of Maharashtra
PRASANNA B. VARALE
R.G. AVACHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
