In a civil application seeking substitution of a deceased petitioner in a writ petition, the High Court of Bombay allowed the applicant substitution solely for representation and protection of property interests, keeping heirship issues open.
Substitution of applicant in place of deceased petitioner allowed for representation only.
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1486 OF 2009 IN
WRIT PETITION NO.5094 OF 2006
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s Orders
Mr.Rahul More i/b Uday Warunjikar for the applicant.
Mr.Ramesh A.Karote i/b A.S.Patil for respondent no.1.
CORAM : D.B.BHOSALE, J. DATED : 18TH SEPTEMBER, 2009 P.C. :-
2
not entitled to be substituted in place of the petitioner in the writ petition. After having considered the submissions of learned counsel for the parties, I am allowing the applicant to be substituted in place of the deceased petitioner only to represent her in the writ petition and to protect her interest in the property. Insofar as the issue of heirship is concerned, it is kept open to be decided in appropriate proceedings.
2 issues framed by the court
Whether the applicant entitled to be substituted in place of deceased petitioner in writ petition.
Whether issue of heirship can be decided in present application.
Rahul More
Uday Warunjikar
D.B. Bhosale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
