Bhalchandra Shamrao Dhanwadikar Died Lrs. Mahendra B. Dhanwadikar @ Ritesh K. Wagh v. Ananda Baburao Patil Died Lrs. Kasturabai And Others

71-CA-1164-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 71 CIVIL APPLICATION NO. 1164 OF 2020 IN SA/247/2007 BHALCHANDRA SHAMRAO DHANWADIKAR DECEASED THROUGH L.R. MAHENDRA BHALCHANDRA DHANWADIKAR @ RITESH KAILAS WAGH

VERSUS

ANANDA BABURAO PATIL DECEASED THROUGH L.R.

KASTURABAI ANANDRAO PATIL AND OTHERS ......

Advocate for Applicants : Mr. U S Malte Advocate for Respondent Nos. 2 to 4 : Mr. Girish Rane AGP for Respondent-State : Mr. S. P. Deshmukh .....

CORAM : V. K. JADHAV, J.

DATED : 20TH OCTOBER, 2020 PER COURT :- 1.

Leave to amend the prayer clause.

2.

Heard both sides.

3.

It appears that during pendency of this Second Appeal, the original appellant died. There is delay of 515 days in filing the application for bringing the legal representative of deceased sole appellant on record. Learned counsel for the respondents has no serious objection for allowing this application. It appears that the deceased appellant had vre/-

71-CA-1164-2020.odt adopted Ritesh kailas Wagh @ Mahendra Bhalchandra Dhanwadikar by registered adoption deed dated 22.07.2015. The said Ritesh is the grandson of Vajir s/o Shamrao Dhanwadikar who is the real brother of deceased appellant Bhalchandra. The said registered adoption deed is annexed to the application. Learned counsel submits that though during pendency of the appeal the sole appellant has expired, however, the applicant was residing in Bhopal, State of Madhya Pradesh, and in view of his critical financial condition, he could not contact the counsel and therefore the delay has caused in filing the application for bringing him on record as the legal heir of deceased appellant. 4.

In view of the above submissions and on perusal of the annexures and since the application is not seriously opposed by the other side, the application is allowed in terms of prayer clauses "B", "B-1" and "C" and disposed off accordingly.

( V. K. JADHAV, J. ) vre/-