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Bombay High CourtCAW/12/2020disposed off

Rajendra Bansilal Gandhi And ORS. v. Indrabhan Dhanraj Gandhi Decd Thru Lhr And ORS

2021-08-11Hon'Ble Shri Justice M. S. Karnik2 pages

9.CAW.12-20.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.12 OF 2020 IN WRIT PETITION NO.4014 OF 2018 RAJENDRA BANSILAL GANDHI & ORS.

..APPLICANTS VS.

INDRABHAN DHANRAJ GANDHI & ORS.

..RESPONDENTS ---------------- Mr. Onkar Y. Gawade i/b. Mr. J.S. Deo for the applicants. Mr. Pankaj Das for respondent Nos. 1(a) to 1(e). ---------------- CORAM : M.S.KARNIK, J.

DATE : AUGUST 11, 2021 P.C.

Heard learned counsel for the applicants.

2.

This application is for bringing the legal heirs of the respondent No.1 on record. Though the present application is for bringing the legal heirs i.e. respondent Nos.1(a) to 1(g), learned counsel for the applicant submits that before the trial Court only the respondent Nos.1(a) to 1(e) are on record as the legal heirs of the respondent No.1. Accordingly, he seeks leave to implead the respondent Nos.1(a) to 1(e) as legal heirs of the respondent No.1. The respondent No.1 died on 28/7/2018. The death certifcate is produced on record. There is a delay in fling the application. 3.

For the reasons mentioned in the application, the delay in fling the application is condoned.

9.CAW.12-20.doc 4.

Further for the reasons mentioned in the application, the application is allowed in terms of prayer Clause (a). Further, the legal heirs of the respondent No.1 i.e. the respondent Nos.1(a) to 1(e) are permitted to be brought on record.

5.

Amendment to be carried out within a period of one week from today.

6.

The application is disposed of.

7.

After amendment is carried out, list the Writ Petition No.4014 of 2018 for "Admission" on 2/9/2021.

(M.S.KARNIK, J.) by DIKSHA DINESH RANE Date:

2021.08.11 17:47:24 +0530 DIKSHA DINESH RANE