Davaji Hema Jadhav And Another v. Namdeo Tayaji Dudhavade Dead Through Heirs Soma Namdeo Dudhavade And Another

(1) 24-wp-10812-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10812 OF 2021 WITH CA/1283/2023 IN WP/10812/2021 WITH CA/1284/2023 IN WP/10812/2021 DAVAJI HEMA JADHAV AND ANOTHER

VERSUS

NAMDEO TAYAJI DUDHAVADE DEAD THR HEIRS SOMA NAMDEO DUDHAVADE AND ANOTHER CORAM : SHARMILA U. DESHMUKH, J.

DATED : 07th FEBRUARY, 2023.

PER COURT:- 1.

Leave to amend to correct the number of civil application in prayer clause of the Civil Application No.1283/2023. 2.

By order dated 09.11.2022, this Court had directed the petitioners to furnish fresh address of respondent no.1-B (c). On 09.12.2022, this Court has recorded that as the petitioners have failed to supply the fresh address of respondent no.1-B (c), the petition stands dismissed as against the said respondent. 3.

Learned counsel for the petitioners submits that respondent no.1-B (c) has expired on 16.09.2022. The fresh notices were not issued and the present civil applications have been preferred for recall of the order dated 09.12.2022 and for bringing the legal heirs of deceased respondent no.1-B (c) on record.

4.

For the reasons stated in the civil applications, civil application are allowed.

(2) 24-wp-10812-2021 5.

The order dated 09.12.2022 is recalled. Let the legal heirs of deceased respondent no.1-B (c) be brought on record by way of amendment within a period of two weeks from today. Upon the amendment being carried out, issue notice to the added respondents, returnable on 08.03.2023.

6.

Civil Applications are disposed of.

(SHARMILA U. DESHMUKH) JUDGE Devendra/February-2023