Babru Tulsidas Munde v. Tukaram Dnyanoba Morale And Others

(1) 925-wp-9547-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9547 OF 2013 BABRU TULSIDAS MUNDE ..PETITIONER

VERSUS

TUKARAM DNYANOBA MORALE AND OTHERS ..RESPONDENTS ...

Mr. Suhas R. Shirsat, Advocate for the Petitioner. ...

CORAM : S. V. GANGAPURWALA, J.

DATED : 14th JANUARY, 2022.

PER COURT:- 1.

Mr. Shirsat, learned counsel for petitioner on instructions of the instructing lawyer makes a statement that, the original plaintiff Tukaram Dnyanoba Morale is dead and as such, the Suit abates.

2.

The petitioner is subsequent purchaser from respondent nos.2 to 4 who are legal heirs of original plaintiff.

3.

As the Suit itself abates, nothing survives for adjudication in the Writ Petition. If the legal heirs of deceased plaintiff take further steps, then the petitioner will have remedy available.

4.

Writ Petition is disposed of. No costs.

(S. V. GANGAPURWALA) JUDGE Devendra/January-2022