Shakuntalabai Keval Mehar Mali v. Maruti Mahada Mehar Mali Since Died Lrs And ORS

919.CA.1989.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1989 OF 2020 IN SA/1477/2004 WITH CA/4489/2004 IN SA/1477/2004 SHAKUNTALABAI KEVAL MEHAR MALI

VERSUS

MARUTI MAHADA MEHAR MALI SINCE DIED LRS and ORS ...

Advocate for Applicant : Mr. S.S. Jadhavar ...

CORAM

: MANGESH S. PATIL, J.

DATE : 10.02.2022 PER COURT :

I have heard the learned advocate Mr. Jadhavar for the appellant. None is present for the respondent. The sole appellant Shakuntalabai having died, Civil Application No.9903/2009 was moved for bringing on record her legal heirs. Since the proposed representatives were propounding her Will, by the order dated 30.01.2013 this Court had remitted the matter to the trial court under Order XXII Rule 5 of the Civil Procedure Code for undertaking necessary inquiry. 2.

Pursuant to such direction, the trial court has conducted necessary hearing and by the order dated 03.01.2014 has inter alia held the Will to have been duly established in favour of the proposed legal representatives.

3.

In view of the above, the Civil Application is allowed and the proposed legal representatives are allowed to be brought on record in place of Shakuntalabai. Necessary amendment to be carried out within two weeks.

(MANGESH S. PATIL, J.) habeeb 1/1