Sheikh Israil Sheikh Gulam Rasul (Dead) Thr. Lrs. Jabina Wd/O Israil Mansuri Israil And Others v. Ashok Shankarrao Mallelwar And Others
1 / 3 16.caf358.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 358 OF 2023 IN FIRST APPEAL NO. 1127 OF 2007 Jabina wd/o Israil Mansuri and Ors.
Vs.
Ashok s/o Shankarrao Mallelwar and Ors.
------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
------------------------------------------------------------------------------------------- Mr. Anand R. Agrawal, Advocate for applicants. Mr. Amit M. Kukday, Advocate for non-applicant No.4 CORAM : PRAVIN S. PATIL, J.
DATE : 07.11.2025 This application is filed by the legal heirs of original claimant/appellant in the disposed of appeal. 2.
It is the submission of the present applicants that they are the only surviving legal heirs of the appellant. 3.
According to them, during the life time of the appellant, they were not aware about the pendency of the present appeal. The document placed on record shows that appellant has expired on 24.11.2014.
4.
The present applicants, who are claiming to be the legal heirs has placed on record the copies of Aadhar
2 / 3 16.caf358.2023 card to demonstrate that they are the only legal heirs of deceased.
5.
The learned counsel for the non-applicant No.4 rightly pointed out that in a disposed of appeal, it is somewhat difficult to ascertain, who are the legal heirs and therefore, condition may be imposed that in case other legal heirs approached before this Court then present applicants shall undertake that they will reimburse the entire amount along with interest to the Registry of this Court. On such condition, present application can be allowed.
6.
In view of above, the application is allowed. 7.
It is made clear that if any other legal heirs of the appellant - deceased approached to this Court, then the present applicants will have to return the entire amount to the Registry of this Court and for this purpose, they should file an undertaking at the time of withdrawal of the amount before this Court.
8.
It is also made clear that in case the present applicants are required to file the execution proceedings, the present applicants will have to file undertaking of the same nature that they will return the entire amount, if other legal heirs came forward to claim as legal heirs of the appellant.
3 / 3 16.caf358.2023 9.
The applicants are permitted to be added as legal heirs of original appellant on record.
10.
Amendment be carried out in the appeal as well as in the judgment within a period of one week. 11.
The civil application is allowed and disposed of accordingly. No order as to costs.
(Pravin S. Patil, J.)