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Bombay High CourtCAW/910/2018admittedallwdgrantedrule absolute

Shri. Sukumar Natraj Belekar And Another v. The Deputy Commissioner (Revenue), Nagpur Division, Nagpur And Others

2018-09-05Hon'Ble Shri Justice Rohit Baban Deo2 pages

ca909&910of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION 909 OF 2018 and CIVIL APPLICATION 910 OF 2018 IN WRIT PETITION 2567 OF 2017 (sHRI Sukumar Natraj Belekar & anr..vs.. The Dy. Commissioner, Revenue, Nagpur & ors.) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri H.N. Potbhare, counsel for applicants.

Shri N.S. Rao, AGP for respondents 1 to 3.

Shri D.G. Paunikar, counsel for respondent 4.

CORAM

:ROHIT B. DEO, J.

DATE :5 th September, 2018 CIVIL APPLICATION 909 OF 2018 Heard.

Shri Deepak Paunikar, who appears for the proposed heirs of deceased respondent 4, has no objection if Civil Application 909 of 2018 is allowed.

The application is allowed. Delay in preferring application for bringing legal heirs of respondent 4 on record, is condoned.

CIVIL APPLICATION 910 OF 2018 Heard.

The application is allowed.

The petitioners to amend the cause title appropriately within a week.

ca909&910of18.odt 2 Shri Paunikar, the learned counsel waives service on behalf of legal heirs of deceased respondent 4. CIVIL APPLICATION 2135 OF 2018 Heard.

The applicants are seeking to intervene in the proceedings since according to them they are legal heirs of deceased respondent 4 in view of Will deed dated 13.6.2011.

This Court has allowed Civil Application 910 of 2018 and the natural legal heirs are brought on record. It is not necessary to consider the claim of the applicants that they are beneficiaries under the Will. However, they are permitted to intervene and the petitioners are directed to implead applicants as respondents.

The necessary amendment be carried within a week.

Shri Deepak Paunikar, the learned counsel waives service for added respondents.

JUDGE RSB