1 ca16884.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 16884 OF 2010 IN FIRST APPEAL NO.1255 OF 2010 (Ramdas vs. Shalan ) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Coram: Shrihri P. Davare, J. Date : 11.01.2011. 1. Heard Shri Sandeep S. Deshmukh, learned Advocate for the appellant-applicant and Shri Kiran Nagarkar, Advocate, for Respondent Nos. 1 and 2. 2. This is an application preferred by the applicant requesting for permission to be added as heirs and legal representatives of deceased appellant in the memo of present first appeal. 3. The applicants contend that the sole appellant, namely, Ramdas expired on 24.10.2010 and the copy of the death certificate has been annexed as Exhibit CA-1. 2 ca16884.10 The applicants also contend that applicant Nos.1A to 1D are the heirs and legal representatives of deceased appellant and right to sue survives and continues in them. 4. The applicants further contend that they have preferred present civil application within the period of limitation and hence, prayed that it be allowed. 5. Considering the contents of the aplication and also considering the position that original appellant is expired on 24.10.2010 and further considering the position that the applicants are the heirs and legal representatives of the deceased appellant, in whose favour right to sue survives and continues, and also considering the position that the present application has been filed by the applicants within the period of limitation, same deserves to be allowed. 6. In the result, present civil application is allowed in terms of prayer clause (B) and the applicants are 3 ca16884.10 permitted to be brought on record as heirs and and legal representatives of deceased appellant, as appellant Nos. 1-A to 1-D in the present appeal. Necessary amendment to appeal memo be carried out within two weeks and amended copy of appeal memo be served on Advocates for the Respondents. 7. Present application stands disposed of, accordingly. (SHRIHARI P. DAVARE, J.) pnd/ca16884.10