Indrajeet Rangnath More Died Through Lrs Lalasaheb Indrajeet More And Others v. Vastalabai Babasaheb Lomte And Otehrs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 WRIT PETITION NO.13526 OF 2021 INDRAJEET RANGNATH MORE DIED THROUGH LRS LALASAHEB INDRAJEET MORE AND OTHERS

VERSUS

VASTALABAI BABASAHEB LOMTE AND OTEHRS ...

Advocate for Petitioners : Mr. Avinash A. Khande h/f. Mr. Manoj D. Shinde Advocate for Respondent No.9 : Mr. S.S. Manale ...

CORAM : SANDEEP V. MARNE, J.

DATE : 19-10-2022 PER COURT :

.

The petitioners have assailed the order dated 27.09.2021 passed by 6th Jt. Civil Judge, Senior Division, Latur on application below Exh.66 in Regular Civil Suit No.211 of 2013. The application was filed for bringing on record legal heirs of defendant no.7. Defendant no.7 has four legal heirs. It is a common ground that two out of them are already party defendants to the suit i.e. defendant nos.9 and 10. Thus, only two daughters of defendant no.7 were to be brought on record. The application is rejected on the ground of delay in filing of the same.

2.

Considering the above factual position, the writ petition is allowed. The impugned order dated 27.09.2021 is set aside and the application at Exh.66 is allowed in terms of the prayers made therein.

( SANDEEP V. MARNE, J. ) GGP