Bombay High CourtCAS/449/2017ca disposed off

Ajay S/O. Murlidhar Laddha And Others v. Smt. Kantabai Wd/O. Shankarrao Sangole

2017-06-14Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 1406cas449n450.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO.449 OF 2017 AND CIVIL APPLICATION (S) NO.450 OF 2017 IN SECOND APPEAL NO.224 OF 2016 AJAY MURLIDHAR LADDHA AND OTHERS VS SMT. KANTABAI SHANKARRAO SANGOLE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. N. Tapadia, Advocate for the appellant. Shri Rajnish Vyas, Advocate for the respondent. CORAM : A.S. CHANDURKAR, J.

DATED : JUNE 14, 2017.

By these applications, the names of legal heirs of appellant No.2 who has expired during pendency of the proceedings are sought to be brought on record. Though the prayer for condoning delay is opposed, considering the reasons mentioned, the applications are allowed. The legal heirs of appellant no.2 are permitted to be brought on record. Civil applications are disposed of.

CIVIL APPLICATION (S) NO.451/2017.

By this application, it is prayed that the name of the applicants be substituted in place of deceased appellant no.2. The right in the suit property is claimed by the applicants on the basis of the Will dated 30-11-2010. As the applicants claim interest in the suit property on the basis of Will dated 30-11-2010, the

2 1406cas449n450.17 application is allowed. The names of the applicants are permitted to be brought on record in place of appellant no.2. The amendment be carried out within one week from today.

It is clarified that the question as to genuineness of the Will dated 30-11-2010 is kept open.

Civil application is disposed of.

JUDGE /MULEY/