Annasaheb Sitaram Deshmukh Sojarbai Annasaheb Deshmukh And Others v. Virbhadrappa Mahadappa Rachatte L.Rs. Chandrashekhar Alias Chandrakant Virbhadrappa Rachatte

(1) 917 CA-827-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 827 OF 2024 IN X-OBJST/18416/2007 WITH SECOND APPEAL NO. 347 OF 2003 WITH CIVIL APPLICATION NO. 9090 OF 2014 IN X-OBJST/18416/2007 WITH CIVIL APPLICATION NO. 11297 OF 2023 IN CA/892/2008 ANNASAHEB SITARAM DESHMUKH SOJARBAI ANNASAHEB DESHMUKH AND OTHERS ....Applicants

VERSUS

VIRBHADRAPPA MAHADAPPA RACHATTE L.RS.

CHANDRASHEKHAR ALIAS CHANDRAKANT VIRBHADRAPPA RACHATTE .....Respondent .....

Advocate for Applicant : Mr. Kulkarni M.a., Manjiri Achutrao Kulkarni Advocate forappellant in S.A. : Mr. V.R. Dhorde ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 25th June 2024 ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring on record legal representatives of deceased applicant No.1 Annasaheb Sitaram Deshmukh, who is original respondent No.1 in the

(2) 917 CA-827-2024.odt main appeal.

3.

The learned counsel for the respondents strongly opposed the application on the ground that applicant No.1 (ii) cannot be a legal representative of deceased Annasaheb. The learned counsel for the applicants submits that this Sohanlal is the person, in whose favour deceased Annasaheb has executed a Will along with Sojarbai. However, she claimed that she is going to file separate application for addition of Sohanlal in the cross-objections and main appeal. So far as Sojarbai is concerned, the learned counsel for the respondent is not having any objection since he himself brought her on record in the main appeal. In view of the same, the application is allowed in terms of prayer clause (B) only to the extent of Sojarbai i.e. applicant No.1 (i) and stands disposed of. Amendment be carried out within stipulated period. (SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni