An application to bring legal heirs of the original respondent on record was granted. The court allowed the applicant liberty to file a fresh application to bring additional heirs on record.
Application made absolute; applicant granted liberty to file fresh application for additional heirs within two weeks; ad-interim relief continued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
CIVIL APPLICATION NO.683 OF 2006
IN
WRIT PETITION NO.8035 OF 2005
--------------------------------------------------------------------
Office Notes, Office Memorandum Court’s or Judge’s
of Coram, appearances, Court’s Orders
orders or directions and
registrar’s Orders.
--------------------------------------------------------------------
Mr.S.B.Shetye for applicant
Mr.V.R.Shetty for respondent
CORAM : P.V.KAKADE, J.
DATE : 4TH APPRIL,2006
P.C.:
1. Hear both sides.
2. This is an application to bring the
legal heirs of original respondent who are
brought on record. The advocate for the
respondent nos.1a and 1b, who are legal
heirs of original respondent, submits that
the respondent died prior to the filing of
petition. However, taking into
consideration the facts, I am satisfied that
the delay is explained and hence the
application is made absolute in terms of
prayer clauses (a) and (b) and stands
disposed of with no order as to costs.
3. At this stage the learned counsel
for the respondents brings to my notice that
two more legal heirs are required to be
brought on record i.e. children of deceased
respondent viz. Ganesh and Rohini. The
copy of the Ration Card also shows that one
Rajani was also second wife of the original
respondent. Since her name appears in the
Ration Card as wife of respondent should
also be brought on record, for which purpose
the applicant is given liberty to file fresh
application. Amendment to be carried out
within two weeks.
4. In the meantime ad-interim relief
granted to continue.
3 issues framed by the court
Whether the application to bring legal heirs of the original respondent on record should be allowed.
Whether additional legal heirs of the deceased respondent should be brought on record.
Whether ad-interim relief should continue pending further orders.
Mr.S.B.Shetye
Mr.V.R.Shetty
P.V.KAKADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court