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Bombay High CourtCA/3386/2022disposed off

Sunderlal Pannalal Barwal Since Deceased Thr Lrs Indumati Sunderlal Barwal v. Babulal Pannalal Barwal Since Deceased Thr Lrs Kapoorchand Babulal Barwal And Others

2022-04-01Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO.3386 OF 2022 IN WP/10139/2015 SUNDERLAL PANNALAL BARWAL SINCE DECEASED THR LRS INDUMATI SUNDERLAL BARWAL

VERSUS

BABULAL PANNALAL BARWAL SINCE DECEASED THR LRS KAPOORCHAND BABULAL BARWAL AND OTHERS ...

Advocate for Applicant : Mr.MV Narwade, Adv. h/for Mr. Narwade Vinayak Pandurangrao Adv.AD Kasliwal, Advocate For R/1b ----- CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 1st April, 2022.

PER COURT :- 1.

This is an application for bringing the legal representatives of deceased - Sundarlal Pannalal Barwal, who is said to have died on 31st December, 2020 at the age of 79 years due to COVID-19. A Photostat copy of the death certificate is produced on record. It is submitted that since the right to sue survives to the legal representatives of the deceased, they are required to be brought on record to prosecute the petition further.

2.

The delay in bringing the legal representatives of the deceased stands condoned for the reasons stated in the application.

3.

The applicant shall amend the petition to incorporate

(2) the names of the proposed legal heirs of the deceased as indicated therein. The amendment shall be carried out within a week from today.

4.

After incorporating the legal representatives, a copy of amended petition be supplied to the respondents. 5.

The civil application stands disposed of with no order as to costs.

( PRITHVIRAJ K. CHAVAN, J. ) BDV