Vithal Dattatrya Ghadage Died Lrs Smt. Indubai And ORS v. Shahu Bapurao Mane Died Lrs Mandakani And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11567 OF 2016 IN SA/414/1995 VITHAL DATTATRYA GHADAGE DIED LRS SMT. INDUBAI AND ORS

VERSUS

SHAHU BAPURAO MANE DIED LRS MADAKANI AND ORS Advocate present.

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 21/09/2016 1.

Heard learned Advocate for the applicants at considerable length.

2.

The present civil application came to be filed by the applicants praying for bringing on record L.Rs. of deceased respondent no.2-A Kausalyabai Trimbak Pawar. It has been mainly contended by the applicants that respondent no.2-A Kausalyabai died on 11.02.2016 leaving behind her L.Rs. as contended in para no.2 of the present application. A copy of death certificate is filed on record. It reveals from the death certificate that Kausalyabai Pawar died on 11.02.2016. The present civil application is filed on 04.05.2016. It is argued by learned Advocate that respondent no.2 A had expired on 11.02.2016 and the present application is filed on ca11567.16(95)

04.05.2016 and therefore, it is in time. It is further argued that there is no contest to this civil application. Thus, I find substance in the contention of the learned Advocate and inclined to pass following order.

ORDER

Civil Application No.11567/2016 is hereby allowed. The applicants are permitted to bring on record L.Rs. of deceased respondent no.2-A Kausalyabai Trimbak Pawar within a period of limitation.

Necessary amendment be carried out without delay. Civil application is disposed of.

REGISTRAR (JUDL) ca11567.16(95)