Mainabai Limbraj Naikwade v. Jyotiram Shahu Naikwade Lrs Kantabai And Others

CA No. 6350/2016

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 6350 OF 2016 IN SA/284/2011 WITH CA/7213/2011 IN SA/284/2011 WITH CA/5206/2014 IN SA/284/2011 WITH CA/2110/2016 IN SA/284/2011 WITH CA/6351/2016 IN SA/284/2011 JYOTIRAM SHAHU NAIKWADE DIED LRS HARIBHAU AND ORS

VERSUS

MAINABAI LIMBRAJ NAIKWADE AND ORS ...

Advocate for Applicants : S.B. Chaudhari Advocate for Respondent 1 : R.P. Bhumkar Advocate for Respondent 2 : S.Y. Patil ...

CORAM : T.V. NALAWADE, J.

DATED : 4th May, 2016.

ORDER :

1.

The record shows that in Civil Application No. 7213/2011 already relief of injunction is granted in favour of appellant, Mainabai. In view of this circumstance, no exparte order can be made in the present application bearing No. 6350/2016. So, notice to purchasers from Mainabai. 2.

Civil Application No. 6351/2016 is filed for adding purchasers to the proceeding as a party respondents. Copies of sale deeds are seen. In view of the sale deeds, the application is allowed. They are to be made party respondents. Amendment is to be carried out immediately.

CA No. 6350/2016 3.

Notice is to be issued to the purchasers, made returnable on 27.6.2016.

4.

Civil Application No. 2110/2016 is filed by the appellant to bring legal heirs of deceased respondent No. 1 on the record. Some delay is caused. Today, learned counsel Shri. Bhumkar submits that he is representing those legal heirs. So, the application is allowed. Delay is condoned. Abatement, if any, is set aside. These legal heirs are to be brought on the record in appeal.

[ T.V. NALAWADE, J. ] ssc/