The Bombay High Court at Aurangabad allowed a civil application under Section 31 CPC to substitute deceased heirs of an appellant. Despite a 56-day delay, the court approved adding legal heirs as per prayer clauses.
Civil application 4373 of 2017 allowed in terms of prayer clauses (B) and (C).
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.
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917 ca.4373.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
CIVIL APPLICATION NO. 4373 OF 2017
IN FA/1066/2017
MANSUR CHAGANMIYA SHAIKH (DIED) THR L.Rs. UMRAO MANSUR SHAIKH (PATEL) AND OTHERS VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Appellant : Mr. H. S. Khaire, h/f Mr. Ramesh V. Naiknavare. AGP for Respondent Nos.1 and 2 : Mr. P. G. Borade. Advocate for Respondent No.3 : Mr. M. N. Navandar.
CORAM : V. K. JADHAV, J. DATE : 29th June, 2017.
P.C.:
2 The learned counsel for Respondent / acquiring body has no objection if the civil application is allowed.
3 It appears that there is a delay of 56 days caused in filing the civil application for bringing the legal heirs of Appellant / Mansur on record. During the pendency of appeal, as per the death certificate, Appellant / Mansur died on 30th January, 2016.
4 In view of the above and for the reasons stated in the application, the application is allowed in terms of prayer clauses (B) and (C). Civil application is accordingly disposed of.
[ V. K. JADHAV, J. ]
ndm
1 issue framed by the court
Whether the civil application under Section 31 CPC to add legal heirs of a deceased appellant on record should be allowed despite a delay of 56 days in filing.
Mansur Chaganmiya Shaikh (died) through L.Rs. Umrao Mansur Shaikh (Patel) and others
The State of Maharashtra and others
V. K. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
