CHANDANMAL MISHRIMAL LALWANI Vs. MANGILAL MISHRIMAL BAFRUNA

JUDGEMENT

(1.) Heard Mr. Brahme, learned counsel for the petitioner and Mr. Mantri, learned counsel for the respondent No.1.

(2.) Rule. Rule made returnable forthwith and taken up for final hearing with consent of the parties.

(3.) The petitioner, in this writ petition, was third party applicant, who had filed an application in special civil suit No.56 of 1990 (Special Civil suit No. 42 of 1979, which was earlier pending in the Court of C.J.S.D. Dhule), pending in the court of learned C.J.S.D. Nandurbar, for bringing himself on record as legal heir of deceased Jadavbai w/o Mishrilal Lalwani. It was the contention of the present petitioner, that the plaintiff Jadavbai resident of Nandurbar, was the mother of the applicant. Jadavbai died on 2.9.1998 at Nandurbar. The petitioner is the only legal heir of deceased Jadavbai. The petitioner needs to be brought on record as legal heir of deceased Jadavbai in the pending Special Civil Suit No.56 of 1990. This application has been filed by the petitioner on 7.7.2000. Alongwith this application, the petitioner had also filed another application seeking condonation of delay. The petitioner had gone to the State of Rajasthan since the property case was pending in the court in Rajasthan. Since, he was in Rajasthan, he was not knowing as to whether his mother deceased Jadavbai had filed some proceeding in respect of the property which she inherited from her father. This is the reason for the petitioner for not filing the application for substitution within the stipulated period. He also has referred to a publication in Daily newspaper "Uttar Maharashtra" on 31.5.2000. After reading this newspaper in relation to the house property i.e. plot situated at Nandurbar and the reference to the Special Civil Suit No.56 of 1990, the petitioner came to know about pendency of the said suit filed by his deceased mother. Thereafter, he applied for certified copy and came to know that his mother had claimed the partition and possession of the property, from her father and others. He has also referred the publication of public notice at his instance in daily newspaper "Nanddarshan" dated 10.6.2000.