1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 4070 /2006 IN S.A. (st) NO. 9450 /2006 (Ranjit Nasikrao Ghawat and 2 others vs.Waman Dongre (Deceased and others) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr S A Mohta,ADv.h/for R L Khapre,.for applicants CORAM : A.P. BHANGALE, J. DATED : June 18, 2010. 1. Heard. According to learned Advocate for the applicants, the right to sue is surviving against respondents on account of the fact that Regular Civil Suit No. 143/1998 was instituted for relief of declaration in respect of suit way described in the plaint by alphabets A, B,C, & D situated at village Patonda Tq. Akot Dist.Akola and consequently relief of perpetual injunction against the original defendant-Waman Sampat Dongare etc. During pendency of the proceedings, original defendant Waman expired on 20.3.2006. However considering the nature of relief of declaration sought for the right to sue will survive against legal representatives. 2. No reply has been filed. The contentions remained uncontroverted. Prima facie the right to sue will survive against the legal representatives claiming the estate of deceased defendant Waman Dongare, therefore, the Civil Application is allowed as prayed for. Consequent 2 amendment be effected. Copy of amendment plaint be served upon respondents within one week. JUDGE sahare