1 ca6789.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 6789 OF 2011 IN REVIEW APPLICATION NO. 59 of 2011 IN SECOND APPEAL NO. 951 OF 2009 Dattopant s/o Gangadhar Deshpande, died L.Rs. 1A) Premala w/o Dattopant Deshpande & ors. ...Applicants VERSUS Vijaykumar s/o Gopalrao Deshpande & ors. ...Respondents ..... Shri S.P.Sonpawale, advocate for applicants Shri S.V.Natu, advocate for respondents ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 16 th June, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 Leave to amend prayer clause granted. Amendment be carried forthwith. 2 ca6789.11 3 This is an appeal preferred by the applicants seeking permission to add and to bring the legal heirs of deceased applicant no.1, namely Dattopant Gangadhar Deshpande on record, who expired on 7.4.2011 as mentioned in the said application in para no.2 thereof. 4 The applicants submit that they filed Review Application in Second Appeal No. 951 of 2009, being aggrieved and dissatisfied by the judgment and order, dated 1.2.2011. The applicants further submit that applicant no.1 Dattopant Gangadhar Deshpande, resident of Beed, expired on 7.4.2011 and left behind six legal heirs, as mentioned in para no.2 of the said application. The applicants further submit that the said legal heirs are necessary parties in the Review Application preferred by the applicants, and hence, the applicants urge that they be permitted to add and bring legal heirs of deceased applicant no.1 on record in the present proceedings, as well as in the Review Application. The death certificate of applicant no.1 is annexed along with the present application at Exh. R-1. It is apparent from the death certificate Exh. ‘R-1’ that applicant no.1 Dattopant Gangadhar Deshpande expired on 7.4.2011. Hence, right to sue survives and continues in legal heirs of the said deceased applicant no.1, and therefore, the said legal heirs, as mentioned in para no.2 of the present application, are required to be brought on 3 ca6789.11 record in Review Application No. 59 of 2011, in the interest of justice, and hence, present application is required to be allowed. 5 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and stands disposed of accordingly and necessary amendment be carried out within the period of two weeks. (SHRIHARI P. DAVARE), JUDGE. dbm/ca6789.11