Karbhari Sakharam Shirsath And ORS v. Sushilabai Manikrao Sirsat @ Sushilabai Sukhdeo Jadhav Died Lrs Yogesh Sukhdeo Jadhav And ORS

1 939-CA 2867-2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2867 OF 2012 IN SECOND APPEAL NO. 111 OF 2003 Karbhari Sakharam Sirsath and others .. Applicants

Versus

Sushilabai Manikrao Sirsath @ Sushilabai Sukhdeo Jadhav Died through her L.Rs.

Yogesh Sukhdeo Jadhav and others .. Respondents Mr. B. N. Patil, Advocate for the Applicants. CORAM : BHARAT P. DESHPANDE, J.

DATED : 05th AUGUST, 2022.

PER COURT:- 1.

Heard the learned counsel for the applicants. 2.

None present for the respondents as well as legal heirs of deceased respondent No. 1 who are duly served.

3.

Learned counsel for the applicants submits that legal heir of respondent No. 1 i.e. respondent No. 1B also expired without leaving any other heirs. The respondent Nos. 1A and 1C are the only legal heirs. The learned counsel has filed pursis dated 28.07.2022 to that effect which is on record.

2 939-CA 2867-2012.odt 4.

In spite of notice, no one appeared for the proposed legal representatives. The application was filed within time, which is supported with affidavit as well as death certificate.

5.

In view of this, the application stands allowed. The legal representatives of deceased respondent No. 1 i.e. respondent Nos. 1A and 1C are permitted to be brought on record. Amendment to be carried out within a period of fourteen (14) days from today.

6.

The application stands disposed of accordingly. ( BHARAT P. DESHPANDE, J.) P.S.B.