Shahu Karbhari Ghule And Others v. Asruba Raosaheb Ghule And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11233 OF 2015 IN SECOND APPEAL NO.687/2014 Shahu Karbhari Ghule & others ...

Applicants

Versus

Asruba Raosaheb Ghule & others ...

Respondents Advocate present.

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 09/09/2015 Heard learned Advocate for the appellant at the sufficient length.

The present civil application is filed claiming relief that the legal heirs of deceased appellant no.5 Babu Nivrutti Sonwane are permitted to be brought on record. It has been mainly contended by the applicants that the appellant no.5 Babu died on 27.05.2015 leaving behind him applicant nos. 5-A, 5-B, 5-C, 5-D, 5-E, 5-F and 5-G as his legal heirs. In support of this contention, they have filed a copy of death certificate and the affidavit. On perusal of the death certificate filed on record, it appears that Babu died on 27.05.2015. The present civil application is filed by the applicants on 16.07.2015. Thus it is clear that the civil application filed for bringing legal heirs of deceased vsm/ca11233.15

appellant no.5 is within limitation. There is no contest to this civil application. Thus, I find no difficulty to allow this civil application by passing the following order.

ORDER

The civil application is allowed.

The applicants are permitted to bring on record legal heirs of deceased appellant no.5 Babu Nivrutti Sonwane as per prayer clause 'B' of the civil application. Necessary amendment be carried out within 14 days from the date of this order without fail.

Accordingly, civil application stands disposed of. REGISTRAR (JUDL) vsm/ca11233.15