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Bombay High CourtCAW/2064/2015

Sundarabai Laxminarayan Agarwal (Since Decd), Through Lrs, Shri. Vinint Vijay Garg v. Shri. Mohanlal Motilal Jain And ORS

2015-10-05Hon'Ble Shri Justice R.M. Savant.3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2064 OF 2015 IN WRIT PETITION NO.4388 OF 2006 Sundarabai Laxminarayan Agarwal (Since deceased through her legal representative) Shri. Vinint Vijay Garg .. Applicant

Versus

Shri. Mohanlal Motilal Jain and others .. Respondents Shri. Sanjay Kshirsagar, for the Applicant.

Shri. Sandeep Phatak i/by Shri. S. B. Deshmukh, for the Respondent Nos.1 to 4.

CORAM : R.M. SAVANT, J.

DATE : 5th OCTOBER, 2015 P.C.

1.

The above Civil Application has been filed for bringing the heir of the Petitioner on record. The heir of the Petitioner is sought to be brought on record on the basis of the Will which is registered on 23.07.2013 by the original Petitioner. The heir is the grandson of the original Petitioner. The Learned Counsel appearing on behalf of the Respondent Nos.1 to 4 Shri. Sandeep Phatak states that the original Petitioner has other heirs, but they are not sought to be brought on record. However, in so far as the said objection is concerned, it is for the other

heirs of the original Petitioner to take said objection and not the Respondent Nos.1 to 4. In my view, the Civil Application for bringing the heir of the Petitioner on record is required to be allowed and is accordingly allowed. Resultantly, the heir of the Petitioner allowed to be brought on record. Amendment to be carried out within two weeks from date. The Civil Application is accordingly disposed of. [R.M. SAVANT, J]

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.