Sadhu Sayaba Kamble Died Through Lrs. Alka Sadhu Kamble And Others v. Komalbai Mallinath Kamble And Another

1 924-CA 12303-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12303 OF 2022 IN SECOND APPEAL NO. 309 OF 2019 Sadhu Sayba Kamble (Died) through his legal heirs Alka Sadhu Kamble and others .. Applicants

Versus

Komalbai Mallinath Kamble and another .. Respondents Mr. Amol T. Jagtap, Advocate for the Applicants. CORAM : BHARAT P. DESHPANDE, J.

DATED : 26th AUGUST, 2022.

PER COURT:- 1.

This is an application for bringing on record legal heirs of deceased applicant No. 1 who died on 08.01.2021.

2.

Heard learned counsel for the applicants.

3.

Learned counsel for the applicants submits that the applicant Nos. 2 and 3 are the legal heirs whereas, other legal heirs of deceased applicant No. 1 are mentioned in paragraph No. 1 as 1.1 to 1.3 being daughters. He therefore submits that the application filed for bringing on record legal heirs is within time.

2 924-CA 12303-2022.odt 4.

The applicant Nos. 2 and 3 are son and widow of the applicant No. 1 who are already representing the estate of deceased and therefore, bringing other legal heirs on record, the period of limitation is three (03) years. Considering this, the application is within time. Hence, the following order.

ORDER

(I) The application stands allowed.

(II) The legal heirs of deceased applicant No. 1 as mentioned in paragraph No. 1 are permitted to be brought on record. (III) Amendment to be carried out within a period of fourteen (14) days from today.

(IV) The application stands disposed of.

( BHARAT P. DESHPANDE, J.) P.S.B.