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Bombay High CourtCA/4738/2020admittedallowedgrantedrule absolute

Bhagchand Dhanraj Thole Lrs Kailashchand And Others v. Kalyanmal Shamlal Thole And Others

2020-01-29Registrar1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION (STAMP) NO.38297 OF 2019 IN SA/444/2018 BHAGCHAND DHANRAJ THOLE LRS KAILASHCHAND AND OTHERS

VERSUS

KALYANMAL SHAMLAL THOLE AND OTHERS ...

Advocate present

CORAM:

H.M.BHOSALE REGISTRAR (JUDL) DATED: 29/01/2020 1.

The Learned advocate for applicants submits that this civil application is filed to bring on record legal heirs of respondent no.5, who died on 29.10.2019. The application is within limitation. Therefore, the same may be allowed. However, the office has raised objection that in verification clause, Notary who administered oath, has not signed showing that he has identified the executant. However, it appears that the Notary has signed by putting the endorsement "Before me". He has also noted his Notary Registration Number which clearly transpires that the executant has signed in presence of Notary. Thus, having considered all these aspects, the office objection looses its significance. In turn, the application is allowed. The applicants shall carry out amendment within stipulated period.

REGISTRAR (JUDL) 12 CIVIL APPLICATION (STAMP) NO.38297 OF 2019