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Bombay High CourtCA/10810/2023disposed off

Santosh Asaram Dhawale Died Thr Lrs Meerabai And Others v. The Tahasildar Revenue And Others

2023-08-28Hon'Ble Shri Justice Arun R. Pedneker1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 CIVIL APPLICATION NO.10810 OF 2023 IN WP/5843/2011 WITH WP/5843/2011 SANTOSH ASARAM DHAWALE DIED THR LRS MEERABAI AND OTHERS

VERSUS

THE TAHASILDAR REVENUE AND OTHERS ...

Advocate for Applicants : Mr. M.H. Solanke h/f. Mrs. Solunke Sarita Narayanrao AGP for Respondents 1 to 4, 6, 7 in WP : Mrs. R.P. Gaur Advocate for Respondent 5 : Mr. G.G. Suryawanshi ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 28/08/2023 PER COURT :

1.

Civil Application is filed for brining on record the legal heirs of sole petitioner. The petitioner has expired on 6.4.2021 and present application is filed on 10.7.2023 along with prayer of condonation of delay of 407 days.

2.

The learned counsel submits that the death certificate was not issued in time. Applicant Nos. 2 and 3 were minors at the time of demise of sole petitioner and now they became major. The learned counsel for the respondents opposed the application.

3.

For the reasons stated in the application, the petitioner is permitted to bring the legal heirs of petitioner on record. Delay is condoned. Abatement, if any, is set aside. The petitioner to carry out the necessary amendment within a period of four weeks from today. The application is disposed of accordingly.

[ARUN R. PEDNEKER J.] ssc/