FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders |Court’s or Judge’s orders. or directions and Registrar’s orders | CIVIL APPLICATION NO.1344/2005 IN WRIT PETITION NO.4767/2004 Smt C.S.Deshmukh,Adv.for applicant. Shri V.P.Latange,Adv. for R.1. .... CORAM : R.K.DESHPANDE,J. DATE : 01/07/2010. 1] This is Civil Application for bringing the legal representatives of Respondent no.2 Ushadevi Rangnath Shahane on record. The respondent no.2 is the decree holder and seems to have been expired pending the decision of the Civil Suit itself. The names of legal heirs of respondent no.2 are stated in the Civil Application. The objection of the petitioner is that the suit filed by respondent no.2 is abated and therefore, the question of bringing her legal heirs on record in the instant Writ Petition does not arise. 2] After going through the record, it is apparent that the respondents no.1 and 2 are the original decree holders. Even if respondent no.2 has expired, the decree states that the defendants shall hand over the vacant possession of the suit premises to the plaintiff and also plaintiffs are held entitled to withdraw the amount deposited in the Court. In view of this, Regular Civil Suit No.516/1992 does not abate. Therefore, right to sue survives and no prejudice will be caused if the legal representatives of respondent no.2 are brought on record. 3] Hence, Civil Application is allowed in terms of prayer clause “B” only. The names of legal representatives of respondent no.2 be brought on record. Other prayers shall be considered at the time of final disposal of the matter. Amendment be carried out within a period of 2 weeks. Put up this matter for orders on application for early hearing after 2 weeks. Shri Latange, the learned counsel waives service of notice for the legal representatives of respondent no.2. (R.K.DESHPANDE) JUDGE umg/wp1344-05