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Bombay High CourtCA/15490/2016admittedallowedgrantedrule absolute

Sandu Dayram Patil Died Through Lrs Gulab Subhash Patil v. Gulab Dagadu Tadvi Died Through Lrs Manbibai Gulab Tadvi And Others

2018-02-16Hon'Ble Shri Justice V.K. Jadhav2 pages

ca15490.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 15490 OF 2016 IN WP/1170/1989 SANDU DAYRAM PATIL DIED THROUGH LRS GULAB SUBHASH PATIL

VERSUS

GULAB DAGADU TADVI DIED THROUGH LRS MANBIBAI GULAB TADVI AND OTHERS ...

Advocate for Applicants : Mr. Sangeet L.v.

AGP for Respondents: Mr.

Advocate for Respondents : Mr.

.....

CORAM : V. K. JADHAV, J.

DATED : 16th FEBRUARY, 2018 PER COURT:- 1.

Learned counsel for the applicants submits that after disposal of writ petition in the year 2005, the petitioner had approached the Supreme Court and the Supreme Court by order dated 4.9.2015 remanded the matter to this court for deciding it afresh. Thereafter, this court has issued notices to the respondents on 26.11.2015 and report received from the bailiff that some of the respondents died during pendency of the matter. The the applicants thereafter has collected relevant documents, such as death certificate etc. and filed the present civil application for bringing legal heirs of the said respondents on record and accordingly delay has been caused. 2.

Even though notice of this civil application has been served

ca15490.16 -2on the proposed legal heirs and though they are represented by the counsel, none appears for them. Similarly, none appears for contesting respondents.

3.

In view of above and for the reasons stated in the civil application, civil application is allowed in terms of prayer clauses "A" and "C" and disposed of.

( V. K. JADHAV, J.) rlj/