1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 415 OF 2008 IN CIVIL APPLICATION NO. 9487 OF 2004 IN SECOND APPEAL STAMP NO. 22289 OF 2002 Rambhau S/o Maroti Aware-Died-L.Rs. 1. Sitabai W/o Rambhau Aware and ors.. .. Applicants Versus 1. Bhima S/o Maroti Aware-Died-L.Rs 1A. Anjabai Bhimaji Aware and ors .. .. Respondents Shri L. B. Pallod, Advocate for the Applicants. Shri P. B. Vikhe, Advocate for the Respondent No. 2 to 7. CORAM : N. D. DESHPANDE, J. DATE : 02ND DECEMBER, 2009. ORAL ORDER : 1. This is an application for bringing the legal heirs of deceased appellant Rambhau on record in the second appeal as well as in the civil application for condonation of delay. Heard Shri Pallod, learned counsel for the applicants. He submits that, there is connected appeal by the respondents who are original defendants who lost in both the Courts below. 2 2. Since it is a partition suit, all the legal heirs of respective parties after death of original parties are necessary to be brought on record and delay becomes immaterial and it will not affect the merits of the suit, since the suit is for partition and possession. Considering the submissions made by Shri Pallod, learned counsel for the applicants and for the reasons stated in the application, the application is allowed. 3. The legal heirs of deceased appellant Rambhau be brought on record. Necessary corrections be carried out in the second appeal and in the civil application for condonation of delay at the earliest. The civil application is allowed and disposed of accordingly. [ N. D. DESHPANDE, J.] bsb/Dec.09