1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.10686 OF 2004 IN WRIT PETITION NO.1146 OF 1995 Shenphad s/o Bhagwan Mohite & anr. ... APPLICANTS VERSUS Bhagwan s/o Shenphad Mohite & anr. ... RESPONDENTS ..... Shri R.R. Suryawanshi, Advocate for the applicant Shri P.V. Suryawanshi, Advocate holding for Shri S.R. Barlinge, Advocate for R.No.1. Shri T.S. Lodhe Patil, A.G.P. for R.No.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. The applicants (original petitioners) have preferred the present application requesting to bring the heirs and legal 2 representatives of deceased petitioner No.1 namely Shenphad Bhagwan Mohite on record of the Writ Petition No.1146/1995. 3. The learned counsel for the applicants submits that, the original petitioner No.1 Shenphad Bhagwan Mohite expired on 12.1.2001, leaving behind his heirs and legal representatives as stated in paragraph No.2 of the present application. The learned counsel for the applicants also submitted that the applicants have produced the death certificate dated 21.1.2001 issued by the Sarpanch, Goshegaon, Taluka Bhokardan, District Jalna at Exhibit R-1, which confirms that the petitioner No.1 Shenphad Bhagwan Mohite expired on 12.1.2001. 4. The learned counsel for the respondents opposed the present application vehemently and submitted that the present application bears no substance and it is devoid of any merits and hence, same be rejected. 5. Considering the averments in the application and also considering the rival contentions, since petitioner No.1 Shenphad Bhagwan Mohite expired on 12.1.2001, as confirmed by the death certificate issued by Sarpanch, Goshegaon, Taluka Bhokardan, District Jalna, dated 21.1.2001, which is produced 3 at Exhibit R-1 and since the right to sue survives and continues in the heirs and legal representatives of deceased petitioner No.1, as mentioned in paragraph No.2 of the present application, their names are required to be brought on record of original Writ Petition No.1146/1995. Besides that, present application has been preferred by the applicant on 3.4.2001 i.e. within the period of limitation and hence, present application is required to be allowed in the interest of justice. 6. 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 as stated in paragraph No.2 of the present application on record in Writ Petition No.1146/1995 within a period of two weeks and the applicants to serve the amended copy of the Writ Petition upon the learned counsel for the respondents. Rule made absolute in above therms accordingly. (SHRIHARI P. DAVARE, J.) fmp/ca10686.04