Mangala Sudhakar Upasani v. Sharad Bhagwat Joshi And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14805 OF 2015 IN WP/4329/2015 WITH CA/8637/2016 IN WP/4329/2015 MANGALA SUDHAKAR UPASANI

VERSUS

SHARAD BHAGWAT JOSHI AND OTHERS ...

Advocate for Applicant : Mr. Patil Milind M. (Beedkar) Advocate for Respondents 1 and 4: Mr. M.B. Ubale .....

CORAM : V. K. JADHAV, J.

DATED : 2nd NOVEMBER, 2017 PER COURT:- 1.

It appears from the contents of civil application that respondent No.6 died prior to filing of writ petition and for want of knowledge, the legal heirs of respondent No.6 were not impleaded as party at the time of filing of writ petition. The applicants came to know about the death of respondent No.6 subsequently and accordingly present application is filed for bringing legal heirs of respondent No.6 on record and as such delay of 55 days has been occurred in filing this civil application from the date of knowledge. 2.

Though respondent No. 6-A (proposed L.R.) is duly served, she does not appear in this civil application. Learned counsel appearing for other respondents has no objection, if the application is allowed as per its prayer clauses.

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Considering the above and for the reasons stated in the application, civil application is allowed in terms of prayer clauses "B" and "C". Civil application is accordingly disposed of. ( V. K. JADHAV, J.) rlj/