SHRIMANT SANGRAMSINH PRATAPSINHRAO GAEKWAD Vs. MRUNALINIDEVI PUAR

JUDGEMENT

(1.) As common questions of facts and law are involved in the above captioned two Civil Applications for substitution of heirs and legal representatives, both the Applications were taken up for hearing together and are being disposed of by this common judgment and order.

(2.) Facts relevant for the purpose of deciding the Civil Applications for substitution of heirs and legal representatives can be summarised as under : - CIVIL APPLICATION No.4133 of 2010 In CIVIL APPLICATION No. 3423 of 2009 In SPECIAL CIVIL APPLICATION No. 4632 of 2006 Civil Application No.4133 has been preferred by the original petitioners in Civil Application No.3423 of 2009 in Special Civil Application No.4632 of 2006. Civil Application No.3423 of 2009 is for interim relief like appointment of Receiver in respect of the suit properties and also for necessary directions upon the respondents to maintain status quo in respect of the suit properties. Special Civil Application No.4632 of 2006 has been preferred by the applicants, challenging the order of the Additional District Judge and Presiding Officer, Fast Track Court No.5, Vadodara dated 15thFebruary 2006 passed in Civil Misc. Appeal No.133 of 2003, whereby the appellate Court set - aside the order passed by the Civil Judge, Vadodara below Exh.5 in Regular Civil Suit No.640 of 2003 dated 30thAugust 2003.

(3.) It appears that during the pendency of Special Civil Application No.4632 of 2006, respondent No. 5 Smt.Lalitadevi Kirdutt passed away on 1st March 2010. Accordingly, the applicants herein, the original petitioners preferred Civil Application No.4133 of 2010 i.e. the present Application on 21stApril 2010 for substitution of heirs and legal representatives of late Smt.Lalitadevi Kirdutt, original respondent No. 5. Proposed respondent Nos. 5/1 to 5/4 have been shown as heirs and legal representatives of late Smt.Lalitadevi Kirdutt.