Smt. Rekha Wd/O Purushottam Thakre And ANR v. Sau. Tulsabai W/O Raghupatrao Thakre
cas1277of17.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CIVIL APPLICATION 1277 OF 2017 IN SECOND APPEAL 19 OF 2012 (Smt. Rekha wd/o. Purushottam Thakare and anr..vs..Tulsabai Raghupatrao Thakre) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------- Shri M.R. Joharapurkar, counsel for appellants. Shri J.J. Chandurkar, counsel for respondent. CORAM: ROHIT B. DEO, J.
DATE: 3 rd December, 2018.
For reasons stated int he application, the delay is condoned.
Civil Application 465 of 2017 The application is allowed.
The abatment is set aside.
Civil Application 466 of 2017 By this application, the appellants are seeking to bring on record the natural heirs of deceased respondent sole Tulsabai Raghupatrao Thakare on record as legal representatives.
The grandson of Tulsabai Shri Akshay Satish Thakare has moved an application under Rule 10 of order I of the Civil Procedure Code on the ground that he is the sole legal heir as per the Will dated 30.4.2010.
cas1277of17.odt 2 The appellants are disputing the Will and the assertion that Akshay Satish Thakare is the legal representative of deceased Tulsabai Thakre.
In view of the rival contentions and the nature of the dispute, it would be necessary to direct the first Appellate Court (Ad-hoc District Judge-1, Amravati) to determine the question of the validity of the Will dated 30.4.2010 on which reliance is placed by Akshay Satish Thakre and to return the records together with the evidence and with its findings and reasons therefor to this Court, within two months.
The parties shall appear before the Ad-hoc District Judge-1, Amravati on 10.12.2018.
The Registry to ensure that the record and proceeding be transmitted to the Ad-hoc District Judge-1, Amravati, forthwith.
JUDGE RSB