1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.11736 OF 2005 IN WRIT PETITION NO.3038 OF 1993 Kashibai w/o Hari (alias Harya) (Now dead) survived by her son Rohidas s/o Hari alias Harya Pohare and others ... APPLICANTS VERSUS Shankarlal s/o Jamnalal Dhoot and others ... RESPONDENTS ..... Shri D.M. Shinde, Advocate holding for Shri N.N. Chitlange, Advocate for the applicants Shri A.P. Bhandari, Advocate holding for Shri S.V. Gangapurwala, Advocate for R.No.1 & 2 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Rule. Rule made returnable forthwith and heard finally by consent of learned counsel for the parties. 2 2. The applicants have preferred the present application for bringing the heirs and legal representatives of deceased petitioner No.1 on record of Writ Petition No. 3038/1993. 3. The learned counsel for the applicants submits that the petitioner No.1 Kashibai w/o Hari (@ Harya) died on 18.8.2005 and death certificate has been annexed at Exhibit P. Learned counsel for the applicants further submits that the right to sue survives and continues in the heirs and legal representatives of deceased petitioner No.1, whose names are mentioned in paragraph No.2 of the present application. It is further submitted that the present application has been preferred within the period of limitation and same is required to be allowed. 4. The learned counsel for the respondents opposed the present application vehemently and submitted that delay has been caused in preferring the present application and, therefore, present application bears no substance and it is devoid of any merits and, therefore, same be rejected. 5. Considering the averments in the present application and also considering the rival contentions, 3 admittedly deceased petitioner No.1 Kashibai w/o Hari @ Harya died on 18.8.2005 since it has been confirmed by the death certificate dated 5.10.2005 which is produced at Exhibit P. 6. Admittedly, petitioner No.1 Kashibai w/o Hari @ Harya expired on 18.8.2005 as aforesaid and the applicants have preferred the present application for bringing her heirs and legal representatives on record on 21.10.2005 and, therefore, present application has been preferred by the petitioners within the period of limitation and hence, there is no impediment in allowing the present application. Hence, the right to sue survives and continues in the heirs and legal representatives of deceased petitioner No.1 Kashibai w/o Hari @ Harya whose names have been specified in paragraph No.2 of the present application and hence, their names are required to be brought on record of Writ Petition No.3038/1993. 7. In the result, present application is allowed in terms of prayer clause (B) thereof and applicants are permitted to bring the heirs and legal representatives of deceased petitioner No.1 Kashibai w/o Hari @ Harya on record of Writ Petition No. 3038/1993 within the period of two weeks and serve the amended copy of the petition upon the learned counsel for the 4 respondents within a period of one week thereafter. Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) fmp/ca11736.05