VASANT JAGANNATH MALKAR-TELI Vs. PARVATI ANANDA PHATAK

JUDGEMENT

(1.) Rule, with the consent of the parties made returnable forthwith and heard.

(2.) The order impugned is one dated 9/12/2010 passed by the learned District Judge3, Sangli by which order the Application (Exhibit 27) filed by the Petitioners herein, who are the original Appellants in Regular Civil Appeal No.524 of 1996 for bringing the heirs of the Respondent in the Appeal came to be rejected.

(3.) The issue in the above Petition is as regards bringing the heirs of the original Respondent on record. The suit in question has been filed for injunction and alternatively for possession of the suit property. The suit was filed on 11/6/1990 and was dismissed, after a trial on 20/9/1996. Thereafter the father of the Petitioners had filed the Appeal in question being Regular Civil Appeal No.524 of 1996 against the said dismissal of the suit. It is during pendency of the said Appeal that the original Respondent in the Appeal i.e. the Defendant in the suit died on 28/2/2000. The instant Application (Exhibit27) for bringing on record his heirs has been filed on 25/2/2010. The case of the Petitioners in the said Application was that they have acquired knowledge of the death of the Respondent some time in the year 2009 when they obtained his death certificate from the SangliKupwad Municipal Corporation, and thereafter the instant Application has been filed. The delay is attributed to the fact that the Petitioners are laymen and are not aware of the niceties of law on account of which the delay has occasioned.