Yeshwant, passed away on 14th December 1981. His heirs were
his widow Sandhya, original Defendant No. 2, and his mother
Sitabai. Yashwant ... heirs, as
specified in Section 15(1)(b) . Now Yeshwant's heirs at that time
would have been those in Class 2, Entry
Respondent is an heir
as specified in Class I, whereas the Appellant is an heir as specified in
Class II. Section 9 provides the order ... succession among heirs and
stipulates that among the heirs specified in the Schedule, those in
Class I shall take simultaneously and to the exclusion
heir,
objection to the execution of the decree would be
unsustainable. However, in case of collusive or malafide
exclusion of heir from impleadment, such objection ... legal heirs not impleaded in the suit. If all these
aspects are considered, then the fact that the
defendants No. 1 and 2
heir,
objection to the execution of the decree would be
unsustainable. However, in case of collusive or malafide
exclusion of heir from impleadment, such objection ... legal heirs not impleaded in the suit. If all these
aspects are considered, then the fact that the
defendants No. 1 and 2
heir,
objection to the execution of the decree would be
unsustainable. However, in case of collusive or malafide
exclusion of heir from impleadment, such objection ... legal heirs not impleaded in the suit. If all these
aspects are considered, then the fact that the
defendants No. 1 and 2
same was required to devolve upon the heirs of
Shankar. Sukhdeo and Mahadu being the only legal heirs of Shankar
are entitled to half share ... provisions of
this Chapter-II-
(a) firstly, upon the heirs, being the relatives specified in
class I of the Schedule;
(b) secondly, if there
same was required to devolve upon the heirs of
Shankar. Sukhdeo and Mahadu being the only legal heirs of Shankar
are entitled to half share ... provisions of
this Chapter-II-
(a) firstly, upon the heirs, being the relatives specified in
class I of the Schedule;
(b) secondly, if there
Heard.
2. Rule, made returnable forthwith. Heard finally by consent
of the parties.
3. By this petition the petitioner is challenging the order of
issuance ... 2/8
Complaint Case No. 749 of 2009 passed by Judicial Magistrate, First
Class, Court No.6, Nagpur confirmed by Additional Sessions Judge,
Nagpur
confined to legal heirs only. According to him,
respondent Nos. 1E and 1F are the intermeddlers as defined
under Section 2 ... deceased Avinash S/o Dinkarrao Bohate, particularly when
all Class-I heirs are available and they are brought on record.
The present suit
Nafan B.V vs Saf Yeast Company Pvt.Ltd. And 7 Ors on 29 October
