Late Madhukar Natthu Patil Through Lrs Prabhakar Madhukar Patil And Others v. Late Anusayabai Ramchandra Patil And Others

1 CA/9709/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9709 OF 2017 IN WP/10157/2015 LATE MADHUKAR NATTHU PATIL THROUGH LRS PRABHAKAR MADHUKAR PATIL AND OTHERS

VERSUS

ANUSAYABAI RAMCHANDRA PATIL AND OTHERS ...

Mr. M.M. Bhokarikar, Advocate for applicants Mr. V.Y. Patil, Advocate for proposed LRs 1-F and 1G Mr. P.R. Katneshwarkar, Advocate for proposed LRs ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 26-09-2018 ORDER :

1.

Heard learned counsel appearing for the parties, including learned counsel for the proposed legal heirs. 2.

Learned counsel Mr. Katneshwarkar, appearing for respondents states that an affidavit has been filed by proposed legal heirs, as shown in paragraph no. 3 of the civil application i.e. respondents no. 1.A.1, 1.A.2, 1.A.3, 1.A.4, 1.A.5, 1.A.6, 1.B.1, 1.B.2, 1.B.3, 1.B.4, 1.B.5, 1C, 1D and 1E, on behalf of the persons including legal heirs of Smt. Kambayabai Babu Potdukhe and Durgabai Jibhu Patil, (however, it appears she has not signed Vakilpatra) stating that they had no concern whatsoever with the suit property and are not interested in the property or for that matter, in the litigation and, as such, they would not participate in the present proceedings.

2 CA/9709/2017 3.

In view of aforesaid statement, civil application is granted, bringing on record legal heirs as referred in civil application including Shri Ashok Ramchandra Patil and Smt. Bebibai Shankar Patil i.e. respondents no. 1F and 1G, as legal heirs of deceased respondent no.1 in writ petition. 4.

In further proceedings submissions on behalf of respondents no. 1.A.1 to 1E would be taken note of and may be given regard to.

5.

Civil application accordingly stands disposed of. 6.

Put up the writ petition for admission in urgent category, on 23-10-2018.

[SUNIL P. DESHMUKH] JUDGE arp/