Radhabai Govindrao Kawade Deceased Through Lrs Shindubai And ORS v. Dhondiba Venkatesh Ghorpade (Died) And ORS

910-CA-10841-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 10814 OF 2018 IN SA/403/2012 RADHABAI GOVINDRAO KAWADE DECEASED THROUGH L.RS.

VERSUS

DHONDIBA VENKATESH GHORPADE (DIED) AND ORS ...

Advocate for Applicants : Mr. A.N. Nagargoje Advocate for Respondent No.2 : Mr. R.B. Temak Advocate for Respondent No.3 : Mr. V.S. Undre. ....

CORAM : V.L. ACHLIYA, J.

DATED : 28th AUGUST, 2018 PER COURT:- 1.

Issue notice to respondents. Learned Advocates appearing for the respondent nos. 2 and 3 accept notice for respondent nos. 2 and 3. Respondent no.1 is shown as dead. 2.

The applicants have moved this application to bring them on record as the legal hears of the deceased-appellant. 3.

Heard the learned counsel for the applicants and the respondent nos. 2 and 3.

4.

Learned counsel for the respondent Nos. 2 and 3 opposed the application with the contention that the application is not supported by legal heirship certificate. 5.

On due consideration of the submissions advanced, I am of the view that the application deserves to be allowed. The application is supported by the affidavit. If the respondents have doubt about the status of the applicants as the legal heirs of the

910-CA-10841-2018 appellant, then such objection can be raised even during the course of hearing of the appeal.

6.

In the facts and circumstances of the case, the application is allowed in terms of the prayer clauses 'A' and 'B'. 7.

Necessary amendment/substitution be carried out within two weeks from the date of this order.

8.

The Civil Application is disposed of in above terms. ( V.L. ACHLIYA ) JUDGE SPR