Chandrabhagabai Jotiram Yenare Died Lrs Dnyaneshwar And ORS v. Mathurabai Bhagwat Kale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9847 OF 2016 IN SA/497/2000 CHANDRABHAGABAI JOTIRAM YENARE DIED LRS DNYANESHWAR AND ORS

VERSUS

MATHURABAI BHAGWAT KALE

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 24/08/2016 1.

The present civil application came to be filed by the applicant interalia contending that the appellant Chandrabhaga @ Chandrabhagabai d/o Jotiram Yenare who was called as Chandrabhaga Mahadeo Kuchekar, died on 29.1.2016 at Bhota, Tq. Edalabad (Muktainagar). The deceased was known by two names. She had two sons including the deponent. Her son Keshav who was brother of the applicant pre-deceased Chandrabhagabai on 02.06.2015. The cause of action in the suit survive. The application is filed for bringing L.Rs. of deceased Chandrabhagabai i.e. 1A to 1E. 2.

On going through the record, it appears that Chandrabhagabai Kuchekar died on 29.01.2016. A copy of death certificate is filed by the applicants in support of their contentions. The present application is filed on ca9847.16(109)

07.04.2016. The date of death is 29.01.2016. Thus, it appears that C.A. is filed in time. There is no contest to this civil application. Hence, I proceed to pass following order.

ORDER

Civil application No.9847/2016 is hereby allowed.

The applicants are permitted to bring on record L.Rs. of deceased Chandrabhagabai Yenare within a period of limitation.

The necessary amendment be carried out regarding bringing on record L.Rs. of deceased appellant. Civil application stands disposed of accordingly.

REGISTRAR (JUDL) ca9847.16(109)