Ramesh Raghunath Chorsia (Died) Thr. Lrs. Lilabai Ramesh Chorsia And Others v. Chandrabhagabai Namdev Kande Died Through Died And Others

{1} ca11234-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11234 OF 2015 IN WRIT PETITION NO.5124 OF 2014 Ramesh Raghunath Chorsia (Died) LRs & Others APPLICANTS

VERSUS

Chandrabhagabai Namdev Kande (Died) LRs RESPONDENTS .......

Mr. Faij. J. Khan, Advocate for the applicants Mr. M. M. Bhokarikar, Advocate for respondents No.1 and 2 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 11 th SEPTEMBER, 2015 ORDER :

1.

Learned advocate for the applicants points out that respondent No.1 is no more and he died on 26th November, 2014. However, it came to the knowledge of the applicants on 10th June, 2015 and thereafter, requisite death certificate had been issued on 15th June, 2015 and the civil application has been moved for bringing legal heirs of deceased respondent No.1 on record immediately. In the process, delay has been caused, which is neither intentional nor deliberate nor the applicants are going to get any benefit from causing deliberate delay. He further points out that respondents No.2 to 6, who are already

{2} ca11234-15 on record, are in fact the legal heirs left behind by deceased respondent No.1.

2.

Mr. Bhokarikar, learned advocate for the respondents fairly concedes to aforesaid factual position, however, is little bit reluctant to concede to the ground of delay.

3.

Taking into account that aforesaid facts being not in dispute, I deem it expedient to grant the civil application in terms of prayer clauses "A" and "B". Civil application stands disposed of.

4.

Writ petition be listed for admission on 23rd October, 2015. [SUNIL P. DESHMUKH, J.] drp/ca11234-15