Bhimrao Tulshiram Salve Died Thr Lrs Manisha Bhimrao Salve And Others v. The State Of Maharashtra Thr Hon Minister Revenue Mantralaya And Others

1 CA3052/21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO.3052 OF 2021 IN WP/11115/2015 BHIMRAO TULSHIRAM SALVE DIED THROUGH LRS MANISHA BHIMRAO SALVE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH HON'BLE MINISTER REVENUE MANTRALAYA AND OTHERS ...

Advocate for Applicants : Mr. Amit A. Mukhedkar AGP for Respondents: Mr. K.B. Jadhawar Advocate for Respondent Nos.6 & 7 : Mr. P.D. Bachate ...

CORAM : SMT.BHARATI H. DANGRE, J.

DATE :

27TH January, 2022 PER COURT :

1.

The present application is fled by the applicants for bringing legal representatives of Bhimrao s/o Tulshiram Salve on record, the petitioner in the Writ Petition, in the wake of his demise. In bringing legal heirs on record, there is delay of 49 days and it is sought to be condoned.

Heard learned counsel for the applicants and learned counsel appearing for original respondent Nos.6 and 7.

2 CA3052/21 2.

Learned counsel for the respondents vehemently opposed the application by submitting that he has objected for the Succession Certifcate as two other women were claiming to be wife of Bhimrao S/o Tulshiram Salve, but this ground is not the basis of rejection of the application. The rights of the parties can be determined in the Writ Petition, ultimately. For the reasons stated in the application, Civil Application is allowed in terms of prayer clause "B" by condoning the delay of 49 days in bringing legal heirs on record. Necessary amendment be carried out within one week. List the petition for Admission after four weeks.

( BHARATI H. DANGRE, J. ) SRM/27/01/2022