← Library
Bombay High CourtCA/12298/2016admittedallowedgrantedrule absolute

Fakira Baburao Kapase Died Lrs Babasaheb Died Lrs Smt. Alkabai And ORS v. Maharashtra State Farming Corpn Ltd.

2016-10-05Registrar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 42 CIVIL APPLICATION NO. 12298 OF 2016 IN SA/181/2005 FAKIRA BABURAO KAPASE DIED LRS BABASAHEB DIED LRS SMT. ALKABAI AND ORS

VERSUS

MAHARASHTRA STATE FARMING CORPN LTD.

...

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED: 05/10/2016 1.

The perusal of record and proceedings, it appears that the present Civil Application has been filed by the applicants to bring on record the legal heirs of deceased appellant No.

1A Babasaheb Fakira Kapse. It has been mainly contended by the applicant that, the applicant No. 1A-Babasaheb Fakira Kapse, died on 15.04.2016 and, therefore, they may be permitted to bring on record the legal heirs of deceased applicant No. 1A. The copy of death certificate filed on record indicates that, the appellant No. 1ABabasaheb Fakira Kapse. The present Civil Application has been filed on 30.06.2016. There is no contest to this Application. Thus, it is clear that the application filed by the applicants for bringing legal heirs on record of appellant No. 1A is in time and there is no contest to this application, therefore, I am inclined to pass following order.

ORDER

A] The Civil Application No. 12298 of 2016 is hereby allowed.

12298.2016 CAST (Sr.No. 42) 1

B] The applicant are permitted to bring on record the legal heirs of deceased appellant No. 1ABabasaheb Fakira Kapse. Necessary amendment be carried out within the period of limitation.

C] Accordingly, Civil Application stand disposed of.

REGISTRAR (JUDL) 12298.2016 CAST (Sr.No. 42) 2