1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6949 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 6949 OF 2010 *** 1. Heard Advocate Shri S.S.Manale for Petitioner and Advocate Mr. Gunale for Respondent No.4. The other Respondents, though served with notice for final disposal, are not appearing. 2. In a suit for partition and separate possession original defendant No.3 Sagarbai, wife of defendant No.1 Tukaram expired. Her two daughters i.e. the present Petitioner Manisha and one Sukumar filed application for coming on record as her legal heirs. Trial Court found that Sukumar got married on 7th March, 1997 i.e. after amendment to Hindu Succession Act, 1956 and, therefore, allowed her prayer to come on record. As petitioner Manisha got married on 8th March, 1990 i.e. prior to that amendment, application to that extent is rejected. 3. Advocate Manale contends that reason 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6949 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. given shows total non application of mind. 4. Advocate Mr. Gunale states that Sagarbai herself was second wife and hence after her death, there is no question of her legal heirs being brought on record. He contends that Kushwartibai is the first wife of Tukaram and during her life time Sagarbai claims to have married with Tukaram. 5. Arguments advanced by Advocate Gunale are totally irrelevant, at this stage. Status of Sagarbai is also not relevant here. It cannot be forgotten that her one daughter viz. Sukumar is permitted to come on record by trial Court and that order has not been challenged. After Sagarbai expires and if she had any share in the property, it is apparent that her legal heirs are entitled to that share and, therefore, are entitled to be brought on record. Date of marriage is totally irrelevant for said purpose. 6. Impugned order is, therefore, quashed 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6949 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. and set aside. Application at Exhibit-20 as filed by petitioner is allowed in its entirety. Petitioner is also permitted to come on record as legal heir of deceased Sagarbai. Necessary amendment to be carried out by 25th February, 2011. Suit to proceed thereafter in accordance with law. Petition allowed partly. No costs. [B.P.DHARMADHIKARI, J.] Dated:14/02/2011. ans/6949