Late Madhukar Natthu Patil Thr Lrs Prabhakar Madhukar Patil v. Late Anusayabai Ramchandra Patil Smt. Parwatabai Ramkrushna Patil Thr Alleged Lrs And Others

ca3818.21 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 CIVIL APPLICATION NO. 3818 OF 2021 IN WRIT PETITION NO.10157 OF 2015 LATE MADHUKAR NATTHU PATIL THROUGH LRS PRABHAKAR MADHUKAR PATIL AND OTHERS

VERSUS

ANUSAYABAI RAMCHANDRA PATIL AND OTHERS .....

Advocate for Petitioners : Mr. M.M. Bhokarikar AGP for Respondents 2 to 6: Mr. K.B. Jadhavar Advocate for Respondents : Mr. P.R. Katneshwarkar .....

CORAM : V. K. JADHAV, J.

DATED : 22nd MARCH, 2021 PER COURT:- 1.

Learned counsel for the applicants submits that during pendency of the writ petition, petitioner No.5 Shobhabai Shivaji Patil (Shinde) and petitioner No.6 Vandanabai Subhash Patil died. Learned counsel submits that so far as civil application for bringing on record the legal heirs of deceased petitioner No.5 Shobhabai is concerned, there is no delay. However, the delay is caused in filing the application for bringing on record the legal heirs of petitioner No.6 Vandanabai.

2.

Learned counsel Mr. Katneshwarkar appearing for the contesting respondents has no objection if the delay is condoned by setting the order of abatement, if any, for bringing on record the legal heirs of petitioner Nos. 5 and 6. Learned counsel Mr. Katneshwarkar

ca3818.21 -2submits that other legal heirs are already brought on record and as such, there is no reason to oppose this application. 3.

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

4.

List the writ petition for hearing as to admission on 26.04.2021. ( V. K. JADHAV, J.) rlj/