Sharyu Murlidhar Nemade And ORS. v. Chhabildas Tukaram Khadake And ORS.

2023:BHC-AUG:26923 49-CA-5356-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5356 OF 2023 IN SA/872/2009 SHARYU MURLIDHAR NEMADE AND OTHERS

VERSUS

CHHABILDAS TUKARAM KHADAKE AND OTHERS Advocate for Applicants : Mr. G. S. Rane;

Advocate for Respondent No.1 : Mr. L. V. Sangit; Advocate for Respondents No.6A to 6D, 7A to 7C : Mr. S. H. Tripathi CORAM :

S. G. MEHARE, J.

DATE :

14-12-2023 PER COURT :- 1.

Heard the learned respective counsels for appearing parties. 2.

This is an application for adding successors in appeal. The successors in interest arising out of Will deed executed by deceased respondent No.5 were served with notice. They have been arraigned as respondents No.10 and 11. However, they did not appear.

3.

Learned counsel for the applicants submits that since deceased respondent No.5 was party to the original suit, the beneficiaries of his being are necessary parties to adjudicate the issues finally.

4.

The application is not opposed. There is a substance in the submissions of the learned counsel for the applicants. Since respondents No.10 and 11 acquired interest from the Will of deceased respondent No.5, they are necessary parties. 5.

For the above reasons, the civil application is allowed. Necessary amendment be carried out.

6.

After the amendment is carried, issue notice to respondents No.10 and 11, returnable on 09.02.2024.

( S. G. MEHARE, J. ) rrd