Ekdanti Ananda Shinde v. Yoshoda Ananda Shinde And Ananda Jyotiba Shinde (Deceased)

MUGDHA M PARANJAPE MUGDHA M PARANJAPE Date: 2023.02.28 14:09:00 +0530 1 24-IA 5127-22 in MPTL 1227-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.5127 OF 2022 IN MISCELLANEOUS PETITION (L) NO.1227 OF 2021 Ekdanti Ananda Shinde ... Applicant In the matter of Ananda Jyotiba Shinde ... Deceased Yoshoda Ananda Shinde ... Petitioner ----- Mr. Mahendra Yadav i/by Mr. U. B. Yadav for the Applicant. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

27TH FEBRUARY 2023 P.C. :

1.

The present Interim Application is filed to bring on record the Applicant, who is the legal heir of one Yashoda Ananda Shinde, who had filed the Miscellaneous Petition (L) No.1227 of 2021 for a legal Heirship Certificate in respect of one Ananda Jyotiba Shinde.

2.

Learned Counsel appearing on behalf of the Applicant submits that the said Yashoda Ananda Shinde has passed away on 17/04/2021. It is thus that the Applicant, who is the daughter of the deceased Yashoda Ananda Shinde had filed the present Interim Application to implead her in place and stead of Mugdha

2 24-IA 5127-22 in MPTL 1227-21.doc Yashoda Ananda Shinde as Petitioner in Miscellaneous Petition (L) No.1227 of 2021. The other legal heirs of the deceased have filed their consent affidavits, which are annexed to the Interim Application. 3.

I have heard learned Counsel appearing on behalf of the Applicant and perused the Interim Application. I find that the same is in order and deserves to be allowed in the interest of justice. There is no impediment in grating the prayer sought for in the present Interim Application. Therefore, the Interim Application is allowed in terms of prayer clauses (a) and (b), which read as under :- "(a) That this Hon'ble Court be pleased to condone the delay of 369 days in taking out the above Interim Application. (b) That the Applicant i.e. EKDANTI ANANDA SHINDE be impleaded as Petitioner by substituting the name of her deceased Mother/Petitioner i.e. YOSHODA ANANDA SHINDE, in the Petition No.MPTL/1227 OF 2021, as per Para 4, and any other consequential Amendment."

4.

The Interim Application is thus disposed of in terms of the above order.

(ARIF S. DOCTOR, J.) Mugdha