Agaji Anna Jarhad Died Lrs Kaduba Agaji Jarhad And Others v. Bharjabai Shamrao Shejul Died Lrs Baburao Shamrao Shejul And Others

13_CA1570716.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15707 OF 2016 IN WRIT PETITION NO. 12033 OF 2016 WITH WRIT PETITION NO. 12033 OF 2016 Agaji Anna Jarhad (Died) Through L.Rs.

Kaduba Agaji Jarhad and Others ..APPLICANTS/PETITIONERS

VERSUS

Bharjabai Shamrao Shejul (Died) Through L.Rs.

Baburao Shamrao Shejul and Others ..RESPONDENTS ....

Mr. V.J. Dixit, Senior Advocate h/f Mr. S.V. Dixit, Advocate for applicants/petitioners.

Mr. B.A. Shinde, A.G.P. for Respondent Nos. 4 to 7. ....

CORAM : T.V. NALAWADE, J.

DATED : 06th DECEMBER, 2016 ORDER :

1.

Heard learned Senior Counsel for applicant/petitioner. He submitted that all the present three respondents are dead and so the notice needs to be issued to the legal heirs of deceased respondents and previous G.P.A. cannot act for deceased respondents. In view of statement made and death certificates produced, application is allowed. 1 / 2

13_CA1570716.odt Accordingly permission is granted to make legal heirs as party respondents in the petition.

2.

Learned Senior Counsel submitted that due to the order made by the Hon'ble Minister on 09th August, 2016, the petitioners are likely to take possession. Issue notice to respondents, returnable on 21st December, 2016. Learned A.G.P. waives service of notice for Respondent Nos. 4 to 7. Additional notice by R.P.A.D. Private notice is allowed. Hamdast is allowed.

( T.V. NALAWADE, J. ) SSD 2 / 2