Prakash Trimbakrao Deshmukh And Others v. Parvatabai Himmatrao Deshmukh And Others
11wp2636.16.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION OF 20 Prakash Trimbakrao Deshmukh and others.
V/s Parvatabai Himmatrao Deshmukh and others.
--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------- Shri Amit Kukday, consel for petitioners.
Shri G.M. Kubade, counsel for respondent 4.
CORAM: ROHIT B. DEO, J.
DATE: 2 3 . 09.2019 .
The challenge is to an order permitting one Dattarao Deshmukh to be brought on record as the legal heir of deceased Defendant-3.
2.
The plaintiff did not object to the bringing on record of Dadarao Deshmukh as the legal heir of defendant -3.
3.
However, the defendant -1 file on record replies on two dates apparently objecting to bring on record Shri Dadatrao Deshmukh as legal heir of deceased Defendant3. 4.
Perusal of the replies show that there is no categorical assertion that Dattarao Deshmukh is not the brother and therefore not the legal heir of deceased/defendant-3.
11wp2636.16.odt 2 5.
It is difficult to fathom the locus of defendant -1 to object to bringing on record Datarao Deshmukh as legal heir of deceased/defendant 3 when the plaintiff has no objection. Be that as it may, it is trite law that even after a person is brought on record as legal heir, there is no finality attached to such status. If the defendant-1 apprehends that conferring such status shall prejudice defendant-1 in any manner, he is free to institute appropriate proceedings to disprove the status of Datarao Deshmukh as legal heir of deceased/defendant-3.
6.
I do not see any reason to interfere in the writ jurisdiction.
7.
The petition is dismissed.
8.
The Trial Court is directed to decide the Special Civil Suit 14/2012 as expeditiously as possible and in any event within nine months.
JUDGE RKN