Shahurao Madhavrao Tekale Through Lrs Kantrao Shahurao Tekale v. Vishnu Mahadeo Shinde And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11463 OF 2018 IN WRIT PETITION NO. 10302 OF 2018 Shahurao Madhavrao Tekale (Deceased through Lrs) Applicant

Versus

Vishnu Mahadeo Shinde & others Respondents Mr. G.D. Kale, Advocate for the applicant.

Mrs. M.A. Deshpande, AGP for respondents no. 2 to 5. Mr. S.J. Saluke, Advocate for respondent no. 1. CORAM : M.S. KARNIK, J.

DATE : 9th August, 2019.

PER COURT :

1.

This is an application for permitting the applicant to file the writ petition as the legal heir of Shahurao Madhavrao Tekale, who is no more.

2.

It is contended that pursuant to the partition between the sons of Shahurao, the disputed land came to the share of Kantrao i.e. applicant herein. He states that other sons of Shahurao have no concern with the disputed land.

3.

Learned counsel for respondent no. 1 has no objection if the application is allowed.

4.

Application is therefore allowed in terms of prayer clause 'B'. Further, for the reasons mentioned in the application, delay in

{2} ca11463.18.odt filing the application is condoned.

5.

Civil application is accordingly disposed of. ( M.S. KARNIK, J. ) dyb/