Smt. Shakuntalabai @ Shakunbai Wd/O Narayanrao Wanjale v. Smt Mohanibai Sukhdev Dhanole And Another

(1) 15.wp.442.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.442 OF 2018 Smt. Shakuntalabai @ Shakunbai wd/o Narayanrao Wanjale Vs.

Smt. Mohanibai Sukhdev Dhanole and another --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. K. D. Shukla, Advocate for petitioner/applicant. CORAM :

AVINASH G. GHAROTE, J.

DATE : 28/10/2021 Civil Application (W)No.581 of 2020 and Civil Application (W) No.582 of 2020 Though Mr. Sakhare, learned counsel for the respondent No.1 has been served the notice of the civil applications, is absent. None appears for respondent No.2 though served.

2.

Civil Application No.581 of 2020 is an application for condonation of delay filed by the legatee of the deceased petitioner Smt. Shakuntalabai, who had executed a Will on 01.07.2014, in which, the suit property has been bequeathed to Dilip Krushnarao Sakhale, who has filed the present application for impleading him as the legal heir of the deceased petitioner on the basis of the aforesaid Will. In spite of service, none appears for the respondents. The application for condonation of delay for the reasons given therein, is allowed and so also the application for impleading the said Dililp Krushnarao Sakhale in place of

(2) 15.wp.442.2018 the deceased petitioner as legatee of the petitioner under the Will dated 01.07.2014 is also allowed.

3.

It is however, made clear that, this would not mean that the Will dated 01.07.2014 would stand proved as this exercise shall have to be done before the Trial Court by leading proper evidence and the impleadment is only for the purpose of proceeding with the present matter.

4.

Civil Application Nos.581 of 2020 and 582 of 2020 are accordingly allowed in the above terms. 5.

The appropriate amendment be carried out within a period of two weeks from today. On the amendment being done, amended copy be supplied to Mr. Sakhare, learned counsel for the respondent No.1 and notice be issued to the respondent No.2, returnable in two weeks, thereafter.

JUDGE Sarkate