1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7115 OF 2002 IN SECOND APPEAL NO. 400 OF 1995 1. Ramchandra S/o Natha Gondkar Died through L.R.’s 1A Savlaram Ramchandra Gondkar and others .. .. Applicants Versus 1. Sau. Anjanabai W/o Ramchandra Gondkar and others .. .. Respondents Shri I. S. Thorat, Advocate h/f Shri A. B. Gatne, and Shri S. K. Shinde, Advocate for the Applicants. Shri P. M. Bidada, Advocate h/f Shri V. S. Bedre, Advocate for the Respondents. CORAM : N. D. DESHPANDE, J. DATE : 19TH NOVEMBER, 2009. PER COURT : 1. Heard Shri Thorat, the learned counsel for the applicants and Shri Bidada, the learned counsel for the respondents. This is an application for transposing the respondents No. 2 to 7, because they were also contesting defendants joining hands with their 2 father defendant NO. 1 who is present appellant in second appeal and died. There is no question to oppose this application and they have right to prosecute the appeal with the same spirit and case which they contended before the Trial Court and the First Appellate Court jointly with they father denying the 1/3rd share of the original plaintiff i. e. respondent No. 1. 2. Hence, it is directed that, the respondents No. 3 to 7 shall be transposed as appellant shown as legal heirs of appellant No. 1 and also as they are party to the original suit as defendants. Application is allowed. Necessary corrections be effected within one week. The civil application is accordingly disposed of. [ N. D. DESHPANDE, J.] bsb/Nov.09