Suraji S/O Bhima Atram v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

2023:BHC-NAG:12427 51.wp.6805.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6805 OF 2018 Suraji S/o Bhima Atram through LRs .Vs. The State of Mah., through Collector, Yavatmal, Tah. & Dist. Yavatmal and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.S. Dhore, Advocate for the petitioners. Shri N.R. Patil, A.G.P. for the respondent No.1/State. Shri J.B. Kasat, Advocate for the respondent No.2. Shri M.P. Khajanchi, Advocate for the respondent Nos.6 and 7. CORAM : ANIL S. KILOR, J.

DATED : 21/08/2023 1.

Heard.

2.

The order dated 18.06.2018 passed by the Civil Judge Senior Division, Kelapur, allowing the application filed under Order 22, Rule 4 (1) and (2) of the Code of Civil Procedure, 1908 for substituting the names of defendant Nos.7 and 8 as legal representatives of deceased defendant No.4-Potibai, is under challenge in this writ petition.

3.

The only ground raised is that, without proving the Will, the application ought not to have allowed by the trial Court.

4.

However, after going through the reasons recorded by the learned trial Court for allowing the application, I do not find any favour with the submission made by the petitioner. Accordingly, as no interfere is required, the writ petition is dismissed.

JUDGE C.L.Dhakate