Digambar Venkatrao Deshmukh Died Lrs Anil And ORS v. Shamrao Venkatrao Deshmukh (Died) Lrs Laxmibai Lrs Shripad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13005 OF 2016 IN SA/578/2010 DIGAMBAR VENKATRAO DESHMUKH DIED LRS ANIL AND ORS

VERSUS

SHAMRAO VENKATRAO DESHMUKH (DIED) LRS LAXMIBAI LRS SHRIPAD AND ORS

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 16/11/2016 1.

Perused record & proceeding.

2.

By filing this civil application, the applicants have inter-alia contended that the appellant Digambar Venkatrao Deshmukh expired on 28.11.2015. The proposed present applicants are the legal heirs of deceased Digambar Deshmukh. A copy of death certificate is filed on record. It is seen from the copy of the death is filed on record. It is seen from the copy of death certificate that Digambar Deshmukh expired on 28.11.2015. The present civil application came to be filed on 15.02.2016. There is office note that C.A. is in time and there is no contest from the otherside. Therefore, I am of the opinion that civil application filed by the applicants for bringing L.Rs. of deceased Digambar is ca13005.16(43) 1

filed in time and there is no contest to this application. Therefore, the application deserves to be allowed. In the result, I pass following order.

ORDER

Civil Application No. 13005/2016 is allowed.

The applicants are permitted to bring on record the legal heirs of deceased appellant Digambar Venkatrao Deshmukh within a period of limitation.

Necessary amendment be carried out in the cause title of the proceeding without delay.

Accordingly civil application stands disposed of.

REGISTRAR (JUDL) ca13005.16(43) 2