Allowed

Durgabai Khushalchand Rathi Died through Lrs Bansilal Khushalchand Rathi and Others v. Sadakunnwar Pannalal Bharadiya Died through Lrs Pannalal Kanhaiyalal Bharadiya and Others

Bombay HC18 Nov 2021CA/12239/2021

Case brief

AI extract

What is this about?

The High Court of Bombay Bench at Aurangabad allowed this civil application to bring the legal representatives of deceased parties on record, noting the claim survives death and the application was within limitation.

What did the court decide?

Legal representatives of respondent Nos. 2A and 2B be brought on record; necessary amendment to be carried out within one week; notice to be issued within six weeks after amendment.

Durgabai Khushalchand Rathi Died through Lrs Bansilal… — Property and Title | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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907 CIVIL APPLICATION NO.12239 OF 2021
IN SA/665/2018

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DURGABAI KHUSHALCHAND RATHI DIED THROUGH LRS

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BANSILALKHUSHALCHAND RATHI AND OTHERS

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VERSUS

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SADAKUNNWAR PANNALAL BHARADIYA DIED THROUGH LRS PANNALAL
KANHAIYALAL BHARADIYA AND OTHERS

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Mr. V.S. Undre, Advocate for applicants

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Mr. R.R. Sancheti, Advocate for respondent Nos.1A to 1C

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Mr. R.G. Nirmal, Advocate h/f Mr. S.S. Gangakhedkar, Advocate for the

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respondent No.3

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CORAM :SMT. VIBHA KANKANWADI, J.
DATE:18th NOVEMBER, 2021

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PER COURT:

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1Present application has been filed for bringing the legal

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representatives of respondent Nos.2A and 2B on record. They have expired

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on 14.05.2021 and 21.04.2021 respectively. The present application is

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within limitation. Present applicants are the heirs of original defendant No.2.

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Present respondent Nos.1A to 1I are the legal representatives of the original

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2 CA_12239_2021

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plaintiff, who had filed Special Civil Suit No.83/2001 for declaration of half
share, possession and the mesne profits. Under the said circumstance, the
right to sue survives and, therefore, it is necessary to bring the legal
representatives of the respondent Nos.2A and 2B. Application, therefore,
stands allowed and disposed of.

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2 The legal representatives be brought on record.

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3 Necessary amendment be carried out within a period of one

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week.

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4 After the amendment is carried out, issue notice to added

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respondents, to be made returnable after six weeks.

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( Smt. Vibha Kankanwadi, J. )

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agd

Durgabai Khushalchand Rathi Died through Lrs Bansilal Khushalchand Rathi and Others v. Sadakunnwar Pannalal Bharadiya Died through Lrs Pannalal Kanhaiyalal Bharadiya and Others

Case brief

What is this about?

What did the court decide?

Durgabai Khushalchand Rathi Died through Lrs Bansilal Khushalchand Rathi and Others v. Sadakunnwar Pannalal Bharadiya Died through Lrs Pannalal Kanhaiyalal Bharadiya and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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