HC allows Shirole heirs to become party to civil suit
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The court observed that the trial court committed an error rejecting the applications of legal heirs. The court said they got knowledge of court proceedings and the requirement to implead themselves when they had gathered on December 27, 2011 after the death of Baburao Ganpatrao Shirole (88), the oldest member of the family. Applications were immediately filed in January 2012.
The dispute is about property bearing Survey Nos. 82, 117, 224 and 225 measuring about 36 acres, where Fergusson College stands. Rajaram Naroji Shirole, Shyamrao Rajaram Patil-Shirole, Bhagwantrao Rajaram Patil-Shirole and Ganpatrao Rajaram Patil-Shirole are original owners. All the four have expired and their 25 successors had filed a regular civil suit in the small causes court, Pune for the property and rent arrears. The plaintiffs' case is that the original owners entered into a registered indenture of lease in favour of DES for a period of 99 years commencing on July 1, 1891 on an yearly rent of Rs 570. The lease expired on June 30, 1990. The matter is pending in the small causes court.