1 18.cas539.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATON NO. 539 OF 2011 IN SECOND APPEAL NO. 536 OF 1994 Sitabai Ramchandra Bane since deceased by her legal representatives & heirs & ors. ....Applicants. Vs. Smt. Anandibai Bhiva Bane since deceased byher legal representatives & ors. ....Respondents Mr. A.J. Joshi, Advocate for Applicants. Mr. Vijay Gharat, Advocate for Respondent No. 3. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 7, 2011 P.C. 1. Heard Mr. Joshi, Advocate for Applicants and Mr. Gharat, Advocate for Respondent No. 3. The original Appellant No.1 Sitabai had died on 16/1/2006. Appellant Nos. 2 and 3 being her sons were already on record and, hence, the estate of the original Appellant No. 1 was duly represented and the right to suit survive in favour of the Appellant Nos. 2 and 3. In view of this, there would be no abatement and essentially, the question of adding 3rd heir namely Applicant 1(c) will have to be considered. 2 18.cas539.11 2. Hence I pass the following order. a) Civil Application is allowed in terms of prayer clause (c). Since there is no abatement and no delay, the prayers (a) and (b) are redundant. 3. Mr. Gharat is appearing for Respondent No.3. Respondent No. 1 is deceased represented by Respondent No. 2. Separate application for heirs of Respondent No.2 is already filed on which, by a separate order rule is issued. Since this order is being passed without notice to the proposed heirs of the Respondent No.2, they would be at liberty to file an application for recalling this order by showing the prejudice, if any, which will be caused to them by this order. Amendment in the cause title of the Second Appeal and the cause title of Civil Application No. 539 of 2011 to be carried out forthwith. (GIRISH GODBOLE, J)