Shahaji Bhiwa Kokate Died Lrs. Shailesh Shahaji Kokate And Others v. Genu Tulshiram Tanpure Died Lrs. Lahanu Genu Tanpure And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.776 OF 2022 IN WP/3113/2019 WITH CA/872/2022 IN WP/3113/2019 SHAHAJI BHIWA KOKATE, DIED, LRS. LILABAI SHAHAJI KOKATE AND OTHERS

VERSUS

GENU TULSHIRAM TANPURE, DIED, LRS. LAHANU GENU TANPURE AND ANOTHER ...

Mr N. C. Garud, Advocate for applicants Mr M. R. Sonawane, Advocate for respondents CORAM : SMT. BHARATI DANGRE, J.

DATE : 28th January, 2022 PER COURT:

1.

By Civil Application No.776/2022, the legal heirs of the petitioner No.1 are sought to be brought on record on account of his demise on 18/05/2021. The applicants state that since the family was in grief, they could not contact their lawyer and the application came to be filed on 15/12/2021, seeking bringing legal heirs of petitioner No.1 on record.

Heard the learned Counsel for the applicants. On perusal of the application, the application deserves to be allowed in terms of prayer clause (B), which reads as under :

(2) "B.

That the L.Rs. Of deceased applicant No. 1 i.e. 1-A to 1-D as stated in this Civil application be brought on record, by setting aside the abetment order as well as by condoning the delay if any and to that effect it be permitted to carry out the necessary amendment in the writ petition." Necessary amendment to be carried out in the petition within a period of one week from today.

2.

By Civil Application No.872/2022, the legal heirs of respondent No.1 are sought to be brought on record. On hearing the learned Counsel for the applicants and on perusal of the application, the application deserves to be allowed in terms of prayer clause (B), which reads thus : "B.

That the L.Rs. Of deceased Respondent No. 1 i.e. 1-A as stated in this Civil application be brought on record, by setting aside the abetment order as well as by condoning the delay if any and to that effect it be permitted to carry out the necessary amendment in the writ petition." It is informed that the legal heir of respondent No.1 is already on record and therefore, name of respondent No.1 is permitted to be deleted. Permission is granted. Necessary

(3) amendment to be carried out within period of one week from today.

Shri. Sonawane, the learned Counsel waives service of notice on behalf of legal heir of respondent No.1. (SMT. BHARATI DANGRE, J.) sjk