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Bombay High CourtIA/2894/2022disposed off

Yuvraj Vilasrao Salunkhe And ANR v. Tatyaso Tukaram Koli Decd. Thr. Lhrs Jayshree Tatyaso Koli (Wife) And ANR

2022-07-14Hon'Ble Shri Justice Rohit Baban Deo2 pages

12ia-2894-22wp3941-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SHALIKRAM PRALHADRAO BOREY Date: 2022.07.14 19:39:35 +0530 SHALIKRAM PRALHADRAO BOREY INTERIM APPLICATION NO. 2894 OF 2022 IN WRIT PETITION 3941 OF 2022 Yuvraj V. Salunkhe & Anr.

... Applicants/ Petitioners.

Versus

Tatyaso Tukaram Koli (deceased) through LRs.- Jayshree T. Koli (wife) & Ors. ... Respondents. --- Mr. Vijay Killedar, Advocate for the Applicants / Petitioners. Mr. Manoj Badgujar, Advocate i/by Akshay Shinde for Respondent 2.

--- CORAM : ROHIT B. DEO, J.

DATE : JULY 14, 2022 P.C. :- 1.

This interim application is taken out by the applicants / petitioners for bringing on record the legal heirs of deceased respondent 1.

2.

According to the learned counsel for the applicants/ petitioners in paragraph 3 of the application it is incorrectly mentioned that the respondent 1 expired on 05.04.2020. Respondent 1 has, as a fact, expired on 05.04.2022 and the 1/2

12ia-2894-22wp3941-22.doc application is within the limitation.

3.

The learned counsel for the applicants further points out that the legal heirs have preferred an application before the trial Court at exhibit 58 for being brought on record. 4.

In this view of the matter, it would not be necessary to issue notice to the proposed legal heirs.

5.

Interim Application 2894 of 2022 is allowed.

6.

Cause title of the Petition be amended forthwith. (ROHIT B. DEO, J.) .....

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