LAWS(BOM)-1997-4-48

JEEVANBAI MISTRILAL RAISONI Vs. JASRAJ GIRIDHARILAL BANSALI

Decided On April 11, 1997
JEEVANBAI MISTRILAL RAISONI Appellant
V/S
JASRAJ GIRIDHARILAL BANSALI Respondents

JUDGEMENT

(1.) THE applicants by this revision application have approached this Court to quash and set aside the order dated 9th december, 1994 passed below Exhibits 87 and 92 in Civil Appeal No. 138 of 1996 by teamed district Judge, Solapur. '. ,

(2.) A brief narration of the facts will be required for the purpose of disposing of the present revision application. The applicants herein, the original plaintiff, instituted a suit against one Jasraj for eviction. The said suit was decreed. Aggrieved by the said order, Jasraj preferred an appeal before the District Judge.

(3.) DURING the pendency of the appeal, jasraj expired. Consequent upon the death of. Jasraj an application was moved by one tarachand being Exhibit No. 27. It is contended therein that the heirs of Jasraj were his son ghisulal, Bhawarbai the widow of another son of deceased Jasraj, Tarachand and sughanchand who were his nephews. The appellate Court by an order dated 25th October, 1989 allowed the Said application without ' notice to the present applicants, as now contended before this Court. Consequent thereof all the four persons whose names were cited as-legal representatives were made appellants in the proceedings. Amendment in cause title was carried out on 10th November, 1989.