Dinkar Anant Adavadkar v. Ashok Shravan Patkar And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5272 OF 2021 IN FIRST APPEAL NO. 3007 OF 2016 Ashok s/o Shravan Patkar and another Applicants

Versus

Smt. Annapurna Anant Adawatkar and others Respondents Mr. A. D. Sonkawade, advocate holding for Mr. A. V. Hon, advocate for the Applicants AND CIVIL APPLICATION NO. 8529 OF 2019 IN FIRST APPEAL NO. 3007 OF 2016 Dinkar s/o Anant Adavatkar Applicants

Versus

Ashok s/o Shravan Patkar and others Respondents Applicant Party-in-person present.

Mr. A. D. Sonkawade, advocate holding for Mr. A. V. Hon, advocate for Respondent No.1.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st March, 2023.

PC :

{2} Heard learned Counsel for the applicants in C.A. No. 5272 of 2021 and applicant, party-in-person in C. A. No. 8529 of 2019.

By way of Civil Application No. 5272 of 2021, the applicants wants to bring on record legal representatives of deceased Respondent No.1 - Annapurna Anant Adavatkar on record by condoning delay of 6893 days. The names of legal heirs of Smt. Annapurna are mentioned in this application. However, the applicant in CA No. 8529 of 2019, who is partyin-person - Shri Dinkar Anant Adavatkar is also claiming that he is one of the legal representatives of deceased Smt. Annapurna, being her son. He has also produced on record copy of compromise decree in RCS No.444 of 1964. On perusal of the same, it appears that he is also son of deceased Smt. Annapurna. The name of Shri Dinkar is not included in the legal representatives shown in Civil Application No. 5272 of 2021.

The learned Counsel for the applicants, in Civil Application No. 5272 of 2021, fairly submits that if this Court is of the opinion that Shri Dinkar Anant Adavatkar is also one

{3} of the legal representatives of deceased Smt. Annapurna, his name be added in the appeal itself. The party-in-person Shri Dinkar Anant Adavatkar, by fling Civil Application No. 8529 of 2019, is also claiming that he be added as party respondent in the appeal.

Thus, it seems that there is no dispute in respect of adding Shri Dinkar Anant Adavatkar as respondent in the appeal, being one of the legal representatives of deceased Smt. Annapurna. It is signifcant to note that all the legal heirs of deceased Smt. Annapurna are to be brought on record.

In view of the same, Civil Application No. 5272 of 2021 stands allowed in terms of prayer clauses {A} and {B}. Likewise, Civil Application No. 8529 of 2019 is also allowed in terms of prayer clause {B} and the applicants in Civil Application No. 5272 of 2021 are directed to add partyin-person Shri Dinkar Anant Adavatkar as respondent in the main appeal, being one of the legal representatives of deceased Smt. Annapurna. All the contentions raised by the party-in-person Shri Dinkar Anant Adavatkar, in his other

{4} pending Civil Applications, are kept open which can be considered at the time of fnal hearing of the appeal. The amendment be carried out within stipulated period. Notice be issued to all the legal representatives of deceased Smt. Annapurna, returnable on 29.03.2023, except Mr. Dinkar Anant Adavatkar, who is present before this Court.

(SANDIPKUMAR C. MORE) JUDGE adb