1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.8251 OF 2007 IN WRIT PETITION NO.4275 OF 1996 Surajmal s/o Chandanmal Changediya, ... APPLICANT VERSUS Laxman Narayan Rasane, died L.Rs. Shri Sudhir s/o Laxman Rasane & anr. ... RESPONDENTS ..... Shri V.V. Deshmukh, Advocate holding for Shri L.V. Sangit, Advocate for the applicant Shri V.S. Bedre, Advocate for respondents. ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Rule. Rule made returnable forthwith and heard finally by consent of parties. 2. The applicant (original defendant) has preferred the present application for bringing the heirs and legal representatives of original respondent on record. It is the 2 contention of the applicant that the respondent expired on 24.4.2001. The applicant has annexed the death certificate to that effect at Exhibit A. The applicant submits that, the right to sue survives and continues against the heirs and legal representatives of deceased respondent and hence, they are required to be brought on record in the Writ Petition. 3. Learned counsel for the respondents opposed the application vehemently and submitted that the present application bears no substance and it is devoid of any merits and hence, same be rejected. 4. Considering the averments in the present application and also considering the rival contentions of the parties, since the right to sue survives and continues in the heirs and legal representatives of deceased respondent, the said heirs and legal representatives of deceased respondent are required to be brought on record in the interest of justice and accordingly, present application is required to be allowed in the interest of justice. 5. In the result, present application is allowed in terms of prayer clause (A) thereof and names of respondents No.1-a and 1-b i.e. Shri Sudhir s/o Laxman Rasane and Shri Pramod s/o Laxman Rasane respectively, i.e. heirs and legal 3 representatives of deceased respondents be brought on record of the Writ Petition forthwith. Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) fmp/ca8251.07