Mirabai Baban Thube Deceased Lrs. Kalpana And ORS v. Pramila Dinkar Mule Deceased Lrs. Kiran And ORS

932-CA NO.8872 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8872 OF 2022 IN SA/591/2017 MIRABAI BABAN THUBE, DECEASED THROUGH LRS.

KALPANA BHANUDAS JAGDALE AND OTHERS

VERSUS

PRAMILA DINKAR MULE, DECEASED LRS.

KIRAN DINAKAR MULE AND OTHERS . . .

Advocate for Applicants : Mr. Nikhil S. Jaju . . .

CORAM : BHARAT P. DESHPANDE, J.

DATED : 03rd AUGUST 2022 PER COURT :

Heard learned counsel for applicants.

2.

This is an application for bringing legal heirs of deceased respondent, who died on 10-06-2020.

3.

Learned counsel for applicants submits that the present application is filed on 22-04-2022, however, during Covid-19 pandemic Hon'ble Apex Court has suspended period of limitation upto 28th February 2022. Considering the said period, present Application for bringing legal heirs is filed within limitation. The death certificate is produced on record. 4.

There are three legal heirs of sole respondent, who are shown as respondent Nos.1A to 1C.

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932-CA NO.8872 OF 2022.odt 5.

Learned counsel for applicants submits that right to sue survived and therefore legal heirs of of sole respondent are required to be brought on record. Since the application is filed within time excluding the period for suspension by the Hon'ble Apex Court, application needs to be allowed. Hence the order :-

ORDER

(I) The Application stands allowed.

(II) Respondent Nos. 1A to 1C are permitted to be brought on record as legal heirs of deceased respondent.

(III) Amendment in the title clause of Second Appeal be carried out within a period of 14 days from today. Thereafter, issue notice to the legal heirs of sole respondent. (VI) The application stands disposed off accordingly. ( BHARAT P. DESHPANDE, J.) Tandale/- 2/2