Held that there is no difficulty in allowing amendment in objection petition filed in succession proceedings; trial court directed expeditious disposal within three months; writ petition disposed.
Amendment in objection petition to be allowed; trial court to dispose pending succession proceedings within three months.
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64 WP.11102.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
64 WRIT PETITION NO. 11102 OF 2017
MANGESH TUKARAM MANORE AND OTHERS VERSUS
DNYANESHWAR SUDAMRAO MANORE AND OTHERS
Advocate for Petitioners : Mr. Ajit D. Kasliwal. Advocate for Respondent Nos.1 & 2 : Mr. Rahul G. Joshi. AGP for Respondent No.3 : Mr. N. T. Bhagat.
CORAM : V. K. JADHAV, J. DATE : 13th November, 2017.
P.C.:
. I do not find any substance in this writ petition. The objection Petitioners in succession proceedings have filed an application Exhibit
51 seeking amendment in the objection petition. The original Petitioners have contested the said application on the ground that they are the class I heirs of the deceased and as such, the objection Petitioners have no locus-standi to object this petition. The learned
Judge of the Trial Court may consider the contentions raised by the Petitioners. However, there cannot be any reason to refuse the amendment in the objection petition filed by the objection Petitioners. It appears that the succession proceedings are pending since 2014.
The Trial Court shall dispose of the said proceedings bearing M.A.R.J.I. No.570 of 2014 as expeditiously as possible preferably
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64 WP.11102.17.odt
within a period of three months from the date of this order. The writ
petition is accordingly disposed of.
[ V. K. JADHAV, J. ]
ndm
1 issue framed by the court
Whether the objection petitioners have locus-standi to object succession proceedings filed by class I heirs admitting to no right as such.
MANGESH TUKARAM MANORE AND OTHERS
DNYANESHWAR SUDAMRAO MANORE AND OTHERS
V. K. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
