1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3148/1996 IN SECOND APPEAL NO. 280/1996 Sahebrao s/o Tukaram Panchlinge and others ...Applicants. Versus Kailas s/o Digambar Chauhan and others ...Respondents. Shri D.R. Bhadekar, Advocate for applicants. Shri V.D. Patnoorkar, Advocate for respondents no.2, 3A to 3D. CORAM : A.V. NIRGUDE, J Date : 19 th July, 2010. PER COURT:- 1 Heard. 2 The original respondent No. 3 Digambar died during the pendency of R.C.A. No. 82/1988 which was pending before the District Court at Nanded. The appeal was disposed of without bringing the legal representatives of deceased Digambar. It appears from the judgment of the learned District Judge, Nanded that the legal representatives of the respondent No.5 were not brought on record. It is neither clear as to whether the appeal was ordered to be abated as against the respondent No.5. However, after the second appeal was filed, the appellants who were respondents no.1 to 3, in the lower appellant Court, made the present application for bringing legal representatives of deceased Digambar the 2 respondent No.3 on record. 3 The respondent No.1 Kailash had filed the suit for partition and separate possession of the ancestral property. Some of the ancestral property as alleged was sold by the respondent No.2 and original respondent No.3 without there being any legal necessity. However, the respondent No. 1 original plaintiff did not make all the members of the joint family / co- parcenery parties to the suit. It is now brought on record that the respondent No.1 original plaintiff had four sisters. They were never parties to this suit. This fact has been taken into account by the learned judge of the first appeal Court while delivering the judgment. Now, in view of the death of the respondent No.5, his remaining legal heirs namely his daughters are required to be brought on record. The application is allowed. Other four legal representatives named in the application be added as respondents No. 3A, 3B, 3C, 3D as indicated above. [A.V. NIRGUDE, J.] tsk/