Allowed

Shri Murlidhar S. Pednekar (Thr Poa Mr. Mahadeo Murlidhar Pednekar) (Since Deceased) v. Shri Sadashiv a. Vaze and Others.

Bombay HC4 Dec 2017CAS/293/2016

Case brief

AI extract

What is this about?

This order allowed applications regarding amendment of cause title to include legal heirs and set aside an abatement order due to prior deletion of a respondent. It disposed of a related application as inoperative and granted liberty for final hearing.

What did the court decide?

Application to bring legal heirs on record allowed; abatement order set aside; one application disposed of.

Shri Murlidhar S. Pednekar (Thr Poa Mr… — Constitutional and Fundamental Rights | Bombay HC (2017)

¶1

1 11) ca292-16.doc

¶2

SAS

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

CIVIL APPLICATION NO.292 OF 2016

¶6

WITH CIVIL APPLICATION NO.1438 OF 2016 WITH CIVIL APPLICATION NO.293 OF 2016 WITH CIVIL APPLICATION NO.1439 OF 2016 IN SECOND APPEAL NO.1439 OF 1998

¶7

Murlidhar Shankar Pednekar (since deceased) through LRs. 1. Ashalata Murlidhar Pednekar & Ors. ..Applicants. V/s.

¶8

Sadashiv Anant Vaze & Ors. ..Respondents.

¶9

Mr.Rajendra K.Yadav for the applicants.

¶10

None for the respondents.

¶11

CORAM: NITIN W.SAMBRE, J.

¶12

DATE : DECEMBER 4, 2017

¶13

P.C.:-

¶14

CIVIL APPLICATION NO.292 OF 2016

¶15

This application is taken out by the applicants for bringing

¶16

the legal heirs of appellant No.1 on record. A delay of 472 days has been caused in taking out the application. Appellant Nos.2 to 5 are claiming to be the legal heirs of appellant No.1.

¶17

2 11) ca292-16.doc

¶18

In view of the fact that the legal heirs of appellant No.1 i.e. appellant Nos.2 to 5 are already on record, the right to sue in place of appellant No.1 survives.

¶19

In view thereof, the application filed by the applicants is allowed. The applicants to carry out the appropriate amendment in the cause title showing appellant Nos.2 to 5 as the heirs of the appellant No.1.

¶20

If the applicants fail to carry out the appropriate amendment, the civil application for bringing the legal heirs on record shall deemed to be dismissed without further reference to the Court.

¶21

CIVIL APPLICATION NO.1438 OF 2016

¶22

Office objections in respect of respondent No.7 is overruled

¶23

for the reason that name of respondent No.7 was already deleted from the array of respondents.

¶24

CIVIL APPLICATION NO.293 OF 2016

¶25

For the reasons disclosed in the civil application, the abatement order is set aside.

¶26

3 11) ca292-16.doc

¶27

CIVIL APPLICATION NO.1439 OF 2016

¶28

As respondent No.7 is already deleted from the array of the

¶29

respondents, in the Second Appeal, the civil application no more survives and stands disposed of.

¶30

Liberty to the parties to take out proceedings for the final hearing of the matter after February, 2018.

Shri Murlidhar S. Pednekar (Thr Poa Mr. Mahadeo Murlidhar Pednekar) (Since Deceased) v. Shri Sadashiv a. Vaze and Others.

Case brief

What is this about?

What did the court decide?

Shri Murlidhar S. Pednekar (Thr Poa Mr. Mahadeo Murlidhar Pednekar) (Since Deceased) v. Shri Sadashiv a. Vaze and Others.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rajendra S/O Humraj Kolpakar Vs the State of Maharashtra and Anr.

Zinda Yakubsab Patel Vs Babruwan Mahadeorao Suryawanshi L.Rs.

Akhil Abdul Gaffar Chaudhari Vs Maharashtra State Ware Housing Corporation, Pune and Others

Shri Murlidhar S. Pednekar Vs Shri Sadashiv a. Vaze and Others.

Shri. Yashwant Shankar Nazare (Thr. Const. Attorney Shri. Surendra Yashwant Nazare) Vs Smt. Dattatraya Mahadeo Pandharkame

Shri. Jagannath Sitaram Mane Vs Shri. Vijay Hanumant Jadhav and Anr.