Shri Rukmeshchandra S/O. Hemprakash Mishra And Others v. Shri Vithalsing S/O. Sandusing Kakarwal And Others

ca8643.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 CIVIL APPLICATION NO. 8643 OF 2016 IN WP/6182/2009 WITH CA/12863/2016 IN CA/8643/2016 SHRI RUKMESHCHANDRA S/O. HEMPRAKASH MISHRA AND OTHERS

VERSUS

SHRI VITHALSING S/O. SANDUSING KAKARWAL AND OTHERS ...

Advocate for Applicants : Mr. Solunke Narayan R. AGP for Respondents 13 and 14: Mr. S.P. Tiwari Advocate for Respondents : Mr. M.G. Mustafa .....

CORAM : V. K. JADHAV, J.

DATED : 9th MARCH, 2018 PER COURT:- 1.

Heard learned counsel appearing for the applicant and learned counsel for proposed legal heirs.

2.

Learned counsel for proposed legal heirs has resisted the application on the ground that even though death of respondent was intimated, after period of two months the present civil application has been filed for bringing the legal heirs of respondent Nos. 3, 5 and 8 on record. Learned counsel in the alternate submits that this civil application be allowed by imposing some costs.

3.

In view of above and for the reasons stated in the civil application, civil application is allowed in terms of prayer clause "B" subject to payment of costs of Rs.2000/- to be paid to the respondents by the applicants, within two weeks from today. Civil application is accordingly disposed of. ( V. K. JADHAV, J.) rlj/