Hemendra Kakulal Vyas v. Smt. Yeshwanti Gajanan Joshi

1/2 by ANANT KRISHNA NAIK Date:

2024.02.16 18:02:05 +0530 ANANT KRISHNA NAIK 42.CRA.120.2021_.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION INTERIM APPLICATION NO. 1582 OF 2024 IN CIVIL REVISION APPLICATION NO. 120 OF 2021 Hemendra Kakulal Vyas ....Applicant V/S Smt. Yeshwanti Gajanan Joshi & Ors.

....RESPONDENTS Mr. Onkar Gawade i/b Mr. Jaydeep Deo for Applicant. CORAM :

M. M. SATHAYE, J.

DATED :

14th FEBRUARY, 2024 P.C.:

1.

This is an Application for bringing legal heirs of the sole Respondent on record. The newspaper article dated 06/01/2024 is relied on by the Applicant alongwith his statement on oath to assert that the sole Respondent has expired.

2.

Learned Counsel for the Applicant fairly states that the copy of the death certificate is not available as yet. However, details received about the proposed legal heirs are given in paragraph no. 7 of the Application. Without the date of death, it is not possible to ascertain whether the Application is filed within time or there is delay.

3.

Hence, issue notice to the proposed Respondent Nos. 1A to 1C akn 1/2

2/2 42.CRA.120.2021_.doc returnable on 18/03/2024. In addition to the Court's notice private notice is also permitted.

4.

The Applicant is at liberty to amend the Application and provide the date of death and place the death certificate on record as and when available. The same can be ascertained from the proposed legal heirs also after service is complete.

(M. M. SATHAYE, J.) akn 2/2