Shaikh Pyarobhai Husainbhai Died Through Lrs. Shaikh Habib Pyarobhai v. Maharashtra State Electricity Transmission Company Ltd. Aurangabad
{1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 8454 OF 2015 IN WRIT PETITION NO.3745 OF 2014 Shaikh Pyarobhai Husainbhai (Died) Through LRs APPLPICANTS
VERSUS
Maharashtra State Electricity Transmission Company Ltd,.
RESPONDENT .......
Mr. Ajay Shinde, Advocate for the applicants Mr. Neha B. Kamble h/f Mr. S. V. Adwant, for the respondent .......
[CORAM : SUNIL P. DESHMUKH, J.] DATE : 9 th OCTOBER, 2015 ORDER :
1.
Learned advocate for the applicant points out that deceased Pyarobhai Husainbhai or the applicant had not preferred any appeal before concerned authority, however, Shaikh Pyarubhai has been impleaded as respondent No.226 in writ petition No. 2546 of 2014. Under the circumstances this application is being filed.
2.
Learned advocate for the original petitioner states that this particular fact will have to be verified from record. It is being contended that death certificate had been issued referring to
{2} name "Pyarubhai Husen Shekh" and not "Pyarobhai Husainbhai Shaikh" and as such, the names cannot be said to be exactly tallying. However, the respondent - original petitioner is not in a position to dispute the claim that the applicant cannot stake claim as legal heir of deceased Pyarobhai Hussainbhai. In the circumstances, I deem it appropriate that the application deserves consideration.
3.
Accordingly, the application is allowed in terms of prayer clause "E" and stands disposed of.
[SUNIL P. DESHMUKH, J.] drp/ca8454-15
{3} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 8455 OF 2015 IN WRIT PETITION NO.3745 OF 2014 Shaikh Pyarobhai Husainbhai (Died) Through LRs APPLPICANTS
VERSUS
Maharashtra State Electricity Transmission Company Ltd,.
RESPONDENT .......
Mr. Ajay Shinde, Advocate for the applicants Mr. Neha B. Kamble h/f Mr. S. V. Adwant, for the respondent .......
[CORAM : SUNIL P. DESHMUKH, J.] DATE : 9 th OCTOBER, 2015 ORDER :
1.
The situation can be resolved if the petitioner puts forth a fresh death certificate along with heirship certificate. 2.
Stand over to 16th October, 2015.
[SUNIL P. DESHMUKH, J.] drp/ca8454-15