Rekha Sadashiv Lokhande And Othrs v. Anil Babu Ambole And Othrs

1/2 6.CAF-3092-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3092 OF 2017 IN FIRST APPEAL NO.1037 OF 2017 Smt.Rekha Sadashiv Lokhande and Ors.

.. Applicants

Versus

Anil Babu Ambole and Ors.

.. Respondents ...

Mr.Dilip Shinde a/w Mr.Vikas Mali for the Applicants. CORAM: BHARATI DANGRE, J.

DATED : 13th MARCH 2020 P.C:- 1.

The civil application, purportedly filed after 14 years 3 months and 13 days from the death of respondent No.4, seek the relief of permitting the applicants to bring his legal heirs on record.

2.

The application proceed to state that it was only when the notices were issued to the respondents, the applicants become aware about the death and thereafter from the date of knowledge being acquired, the applicants have taken prompt steps to take out the application. Similarly, as far as respondent No.1-Anil Babu Ambole is concerned, the application contain an averment that on his death, there are no legal heirs and, therefore, the name M.M.Salgaonkar

2/2 6.CAF-3092-17.doc of respondent No.1 be deleted from the cause title of the First Appeal. It is informed that respondent No.1 was survived by his wife, but in the year 2016, even the wife has expired. Since the applicants have gained the knowledge of death of respondent No.1 and his wife when they took out the application, the applicants seek to delete the name of respondent No.1 from the array of the respondents.

3.

Considering the contents of the application and the relief sought, the same deserve to be allowed. The civil application is allowed in terms of prayer clauses (a), (b) and (c). Necessary amendment be carried out within two weeks.

4.

The civil application stands disposed of accordingly. SMT. BHARATI DANGRE, J M.M.Salgaonkar