Ramesh Devidas Bhawar And Others v. The State Of Maharashtra And Others

15 CA 7775 19 10514 21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CIVIL APPLICATION NO. 10514 OF 2021 IN WP/6483/2016 WITH CA NO. 7775/2019 IN WP/6483/2016 MAINABAI RAMKRUSHNA AUTI DIED DNYANESHWAR JAGANNATH AUTY AND OTHERS

VERSUS

RAMESH DEVIDAS BHAWAR AND OTHERS ...

Advocate for Applicants : Mr. A.V. Sonwane i/b Sonawane Vilas D. Advocate for Respondents : Mr. D.K. Dagadkhair.

CORAM

: MANGESH S. PATIL, J.

DATE : 25.10.2021.

PER COURT :

The original respondent No. 4 Mainabai has died. The Civil Application No. 7775/2019 has been filed by the petitioners seeking to bring on record her legal representatives No. 4A, 4B, 4/C/a to 4/C/c. Simultaneously, even one Dnyaneshwar Jagnnath Auty (Wani) who was defending the cause on behalf of Mainabai as her power of attorney holder has also filed Civil Application No. 10514/2021 seeking to come on record as her legal representative on the basis of a will allegedly executed by her in his favour.

2.

The other legal representatives in the affidavit in reply to the Civil Application No. 7775/2019 specifically admit existence of such a will of Mainabai in favour of Dnyaneshwar. In view of such state of affairs, when there is no dispute amongst the legal representatives of respondent No. 4 Mainabai about the fact that Dnyaneshwar is the person who is her legal representative in view of the will left behind by her, the Civil Application No. 10514/2021 is allowed. Dnyaneshwar is allowed to be brought on record as the sole legal representative of respondent No. 4 Mainabai. 1/2

15 CA 7775 19 10514 21.odt 3.

The Civil Application No. 7775/2019 is disposed of. 4.

Petitioner to carry out necessary amendment within four weeks. Stand over to 22.11.2021.

(MANGESH S. PATIL, J.) mkd/- 2/2