Allowed

Akaram Tukaram More Decd Thru Lhrs and Lrs v. Shri. Vasant Tukaram More Decd Thru Lhrs and Lrss and Ors.

Bombay HC5 Jan 2024IA/1784/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed interim applications to bring legal heirs of deceased respondents on record. The court condoned a 30-day delay in one application, set aside the abatement order, and granted leaves to amend the writ petitions to include the new parties.

What did the court decide?

Applications allowed; leaves to amend petitions granted; abatement order set aside in one case; directions for service of amended petitions and notices issued.

Akaram Tukaram More Decd Thru Lhrs and Lrs Vs… — Succession and Inheritance | Bombay HC (2024)

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33-ASIA-16531-2023.DOC

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Gitalaxmi

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 16531 OF 2023 WITH

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INTERIM APPLICATION NO. 1784 OF 2022 IN

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WRIT PETITION NO. 11239 OF 2019

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Akaram Tukaram More deceased through LRs. …Applicants In the Matter Between : Akaram Tukaram More deceased through LRs. …Petitioners Versus

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Shri. Vasant Tukaram More deceased through LRs. & Ors. …Respondents

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Mr. Tukaram Shendge , i/b Mr. Pratap Patil, for the Applicants/Petitioners.

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Mr. Akshay Hardas , i/b Mr. Bhooshan R. Mandlik, for Respondent Nos. 1 to 5.

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CORAM Dr. Neela Gokhale, J. DATED: 5^th January 2024

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PC:-

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INTERIM APPLICATION NO. 16531 OF 2023 :

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1. The application seeks to bring on record the legal heirs of deceased Respondent No. 2. Respondent No. 2 died on 16^th June 2023 at Deowadi, Taluka-Shirala, District-Sangli. There is no delay in making the present application.

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Page 1 of 3 5^th January 2024

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33-ASIA-16531-2023.DOC

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2. Application is allowed. Leave to amend the petition is granted to the Petitioners to bring on record the legal heirs of deceased Respondent No. 2 arrayed in the cause title of the application at Serial Nos. 2A to 2D. The Petitioners are directed to amend the writ petition within a period of two weeks from today and serve a copy of the amended petition on all the Respondents within one week thereafter.

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3. Issue notice to the newly added Respondents, who are legal heirs of the deceased Respondent No. 2, arrayed in the cause title of the application at Serial Nos. 2A to 2D, returnable within four weeks after carrying out the amendment. Petitioners are directed to furnish necessary spare copies of the amended petition to the Registry of this Court to carry out issuance of notice. They are also directed to serve copies of the amended petition on all the Respondents.

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4. In the above terms, interim application stands disposed accordingly.

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INTERIM APPLICATION NO. 1784 OF 2022 :

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1. The application seeks to bring on record the legal heirs of deceased Respondent No. 1. Respondent No. 1 died on 2^nd September 2021 at Deowadi, Taluka-Shirala, District-Sangli. There is delay of 30 days in making the present application.

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Page 2 of 3 5^th January 2024

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33-ASIA-16531-2023.DOC

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2. From the averments in the application, there is a justifiable reason to condone the delay, hence the delay is condoned. The abatement order passed by this Court is set aside.

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3. Application is allowed. Leave to amend the petition is granted to the Petitioners to bring on record the legal heirs of deceased Respondent No. 1 arrayed in the cause title of the application at Serial Nos. 1A to 1C. The Petitioners are directed to amend the writ petition within a period of two weeks from today and serve a copy of the amended petition on all the Respondents within one week thereafter.

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4. Issue notice to the newly added Respondents, who are legal heirs of the deceased Respondent No. 1, arrayed in the cause title of the application at Serial Nos. 1A to 1C, returnable within four weeks after carrying out the amendment. Petitioners are directed to furnish necessary spare copies of the amended petition to the Registry of this Court to carry out issuance of notice. They are also directed to serve copies of the amended petition on all the Respondents.

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5. In the above terms, interim application stands disposed accordingly.

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(Dr. Neela Gokhale, J.)

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GITALAXMI KRISHNA KOTAWADEKAR

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Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.01.08 18:15:10 +0545

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Page 3 of 3 5^th January 2024

Akaram Tukaram More Decd Thru Lhrs and Lrs v. Shri. Vasant Tukaram More Decd Thru Lhrs and Lrss and Ors.

Case brief

What is this about?

What did the court decide?

Akaram Tukaram More Decd Thru Lhrs and Lrs v. Shri. Vasant Tukaram More Decd Thru Lhrs and Lrss and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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