Leelavati Dhaniram Agnihotri And ANR. v. Surajdevi Putilal Shukla And ANR.

7. CAS 1022.10.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1022 OF 2010 IN SECOND APPEAL NO. 786 OF 2005 Smt. Leelavati Dhaniram Agnihotri & Anr.

... Applicants/Appellants.

V/s.

Smt. Surjadevi Putilal Shukla (since deceased) through her L.Rs.

... Respondents.

Mr. Rohit Joshi i/b. Ms. Gauri Godse for the Applicants/Appellants. Mr. D.S. Mhaispurkar for the Respondents 2a and 2b. CORAM : N.M. Jamdar, J.

15 July, 2016.

P.C. :- The application is filed for bringing heirs of Respondent No.2 on record. The learned Counsel appears on behalf of the heirs of Respondent No.2. The learned Counsel for the Applicants states that Respondent Nos.2a and 2b are not entitle to claim any right and only because they are heirs of Respondent No.2, they had been brought on record. The learned Counsel for Respondent Nos.2a and 2b disputes this assertion. This issue need not be gone into the

7. CAS 1022.10.doc present Civil Application and is kept open to be decided in the Appeal.

2.

Accordingly, the Civil Application is allowed in terms of prayer clauses (a) and (b).

3.

The Respondent Nos.2a and 2b are brought on record as legal heirs of Respondent No.2. Amendment to be carried out within period of two weeks from today. Civil Application is disposed of.

(N.M. Jamdar, J.)