← Library
Bombay High CourtCA/1676/2012disposed offdismissed for default

Govind Vitthalrao Deshmukh Deceased Th Lrs Laxmibai Govindrao Deceased Thr. Vitthal And ORS v. Bapu Govind Yemale Deceased Th Lrs Ram Bapuraol Yemale And ORS

2019-08-03Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

1 1 ca1676-12 +3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1676 OF 2012 WITH CA 14259/2012, 13604/13, 4809/2018 IN WP NO. 1322/2011 & CA 1677/2013 Govind Vitthalrao Deshmukh (Died through LRs) & Ors.

...Petitioners

Versus

Bapu Govinda Yemale (Died through LRs) & Ors.

...Respondents

.......

Mr. P.R.Patil, Advocate holding for E.G.Irale, Advocate for the Petitioners.

Mr. D.A.Mane, Advocate holding for Mr. Milind Patil, Advocate for the Respondent Nos. 1/1 to 1/5 and 1/7 to 1/10.

.......

CORAM :

RAVINDRA V. GHUGE, J.

DATE :

03-08-2019.

PER COURT :

01.

I have heard the learned Advocates for the respective sides. I have gone through the reasons cited in the civil applications. I have considered the history of the litigation which indicates that the parties are in litigation for more than 40 years.

02.

In view of the above, the first four civil applications are allowed and delay is condoned so as to

2 1 ca1676-12 +3 permit the petitioners to bring the legal heirs of the deceased petitioner No. 2/1, petitioner No. 1/2, petitioner No. 1/4 and petitioner No. 3/4, on record within 3 weeks from today.

03.

In so far as the last Civil Application No. 1677 of 2012 is concerned, notices were issued to the legal heirs of deceased respondent No. 1/6.

04.

I have heard the learned Advocates. The civil application is allowed and the petitioner shall bring on record the legal heirs of deceased respondent No. 1/6, within 3 weeks from today.

05.

Since all these civil applications are now decided and the petitioner has to add the legal heirs on record in the writ petition as directed, list the writ petition for final hearing on 19.9.2019.

[RAVINDRA V. GHUGE] JUDGE Dahibhate/-