Prabhakar Apparao Pawar And ANR v. Vaijnath Babarao Pawar And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10349/2021 IN SA/117/2011 PRABHAKAR APPARAO PAWAR AND ANOTHER

VERSUS

VAIJNATH BABARAO PAWAR AND OTHERS ...

Advocate for Applicants : Mr. Kudale Bhagwan S. ...

CORAM : SMT. VIBHA KANKANWADI, J.

Dated: October 04, 2021 ...

PER COURT :- 1.

Present application has been filed for bringing the legal heirs of appellant No.2 on record. She has expired on 10.7.2021. The application is within limitation. 2.

Present Respondent No.1 is original plaintiff, who had filed a suit for partition and separate possession. Under such circumstance, right to sue survives against the legal representatives of appellant No.2 and, therefore, they are necessary parties. Since the application is within limitation, it stands allowed and disposed of. Necessary amendment be carried out within a period of one week.

( SMT. VIBHA KANKANWADI, J. ) ...

BDV