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Bombay High CourtCA/31/2022admittedallowedgrantedrule absolute

Tukaram Rekha (Rekhu) Rathod L.Rs. Kishan Tukaram Rathod And ORS v. Sham Balkrishnrao Selukar Died Through Lrs. Nahushkumar Sham Selukar And ORS

2023-08-21Hon'Ble Shri Justice S. G. Mehare2 pages

15-ca-11735-2021.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11735 OF 2021 IN SA/109/2014 SHAM BALKRISHNRAO SELUKAR DIED LRS. RAJNI SHAMRAO SELUKAR AND OTHERS

VERSUS

TUKARAM REKU RATHOD DIED L.RS. BABU TUKARAM RATHOD AND OTHERS ...

Advocate for Applicants : Mr. Shrikant Kulkarni Advocate for Respondent No.13 in SA : Mr. Akram Inamdar h/f Mr. S.S. Kazi WITH CIVIL APPLICATION NO.31 OF 2022 IN SA/1705/2005 TUKARAM REKHA (REKHU) RATHOD L.RS. KISHAN TUKARAM RATHOD AND OTHERS

VERSUS

SHAM BALKRISHNRAO SELUKAR DIED THROUGH LRS.

NAHUSHKUMAR SHAM SELUKAR AND OTHERS ...

Advocate for Appellants : Mr. Akram Inamdar h/f Mr. S.S. Kazi Advocate for Respondent No.1 : Mr. Shrikant Kulkarni ...

CORAM : S.G. MEHARE, J.

DATED : AUGUST 21, 2023 PER COURT:- 1.

Heard the respective counsels.

2.

It is an admitted fact that one Sham Balkrishna Selukar died. His legal heirs wanted to come on record in Second Appeal No.109 of 2014 and the appellant in Second Appeal No.1705 of 2005 wanted to bring the legal heirs of the same person who has been died.

15-ca-11735-2021.odt (2) Learned counsel for the legal heirs of Sham Balkrishna Selukar and learned counsel for the appellant in Second Appeal No.1705 of 2005 does not dispute over the legal heirship proposed to be brought on record. There was delay of 55 days in bringing the legal heirs on record in Second Appeal No.1705 of 2005.

3.

Perusing both applications, the Court is satisfied that the cause for delay in bringing the legal heirs is sufficient. Hence, the following order :

ORDER

(i) Both applications are allowed.

(ii) The delay in bringing legal heirs in Second Appeal No.1705 of 2005 has been condoned. The appellants in both appeals shall carry out the amendment in Exhibit-1 and in original suit plaint within two weeks from today.

(iii) List the matter for final hearing on 13.09.2023. (S.G. MEHARE, J.) Mujaheed//