Manikrao Hanumantrao Mirge Died Thr Lrs Keshrabai Died Thr Lrs Prabhakar And ORS v. The Executive Engineer, Lower Dudhana Project Selu And ORS

{1} ca5152-18 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION 5152 OF 2018 IN FIRST APPEAL NO.2498 OF 2016 Manikrao Hanumantrao Mirge (Died) LRs and Ors APPLICANTS

VERSUS

The Executive Engineer, Lower Dudhana Project Selu and others RESPONDENTS .......

Mr. Deepak M .Kakade, Advocate for the applicants Mr. B. A. Shinde, Advocate for respondent No.1 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 13 th APRIL, 2018 ORDER :

1.

This is an application by the applicants - legal heirs of deceased respondent No.1A, who died during pendency of the first appeal.

2.

Kesharabai who was respondent No.1A in the first appeal died. She was survived by the applicants.

3.

From the title clause of the first appeal it emerges that the legal heirs who are now sought to be brought on record as legal heirs of respondent No.1A in first appeal are already on record as respondents No.1B, 1C and 1D. Learned advocate for the

{2} ca5152-18 applicants, on instructions, asserts that there is no other legal heir left behind by deceased Kesharabai.

4.

In the circumstances and since the parties claim to be Hindus, learned advocate for applicants submits that under the Hindu Law of Succession, property of deceased would devolve on respondents No.1B, 1C and 1D. As such, the civil application stands allowed.

[SUNIL P. DESHMUKH, J.] drp/ca5152-18