1 22-cas-62-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.62 OF 2011 IN SECOND APPEAL NO.671 OF 2022 Shri Sampat Y. Patil (since deceased) through his Legal Heirs & Others .. Applicants V/s. Shri Nivrutti Y. Patil & Others .. Respondents. Mr. Mhatugde i/b. Mr. Ravindra and Mr. A. V. Anturkar, for the Applicants. Ms. Rachana i/b. Mr. Dilip Bodake for Respondent Nos.1, 5A and 5B. Mr. Vijay Gharat i/b. Mr. L. S. Gaikwad, for Respondent No.4. CORAM : G.S.GODBOLE, J. DATE : 16th AUGUST, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 By this Civil Application, Applicant has prayed for the following reliefs:­ (A) that this Honourable Court may be pleased to allow the Applicants to amend the addresses of the Respondent No.2, 2 22-cas-62-2011.sxw 6A(v), 6A(vi), 7B, 7F and be pleased to issue notice to the said Respondents at the new addresses as mentioned above in Paragraph No.3. (B) that this Honourable Court be pleased to allow the Applicants to bring the legal heirs of the Respondent Nos.6D, 7A on record, who are already on record as mentioned in Paragraph No.3 (C) that this Honourable Court be pleased to allow the Applicants to amend the cause title in respect of the Respondent No.6C, 6E and 6F as mentioned in Paragraph No.3. 3 In so far as prayer (A) is concerned, it seeks amendments of the addresses and issuing of notices to the Respondents mentioned therein at their new address. Prayer (A), therefore, deserves to be granted and is accordingly granted. 4 So far as prayer clause (C) is concerned, on a query from the Court as to whether Applicants desire to take the risk of deleting Respondent No.6F, who is shown as absconding, the learned Advocate for the Applicants states that he would like to file fresh application for service on Respondent No.6F by publication or by other mode. Liberty as prayed for is granted and accordingly prayer clause (C) is restricted to Respondent Nos. 6C and 6E. The learned Advocate for the Applicants also seeks leave to amend the prayer clause (C) by mentioning the name of Respondent No. 7(E) in the said prayer. The request is accepted and leave to amend that prayer is granted. 3 22-cas-62-2011.sxw 5 Applicants are allowed to delete Respondent No.6C, 6E and 7E at the risk and costs of the Applicants. It will be open to the Respondents or persons claiming to be heirs or legal representatives of the aforesaid Respondent No.6C, 6E and 7E who are allowed to be deleted, to file affidavit or Civil Application in the Second Appeal, pointing out that Respondent Nos.6C, 6E and 7E or any of them had other heirs or legal representatives left behind them and if such application/s or affidavit/s is/are filed, the same will be listed on board along with the Second Appeal. It is clarified that the question of maintainability of the Second Appeal on account of the deletion of aforesaid three Respondents is kept open and the same will be considered at the time of final hearing of the Second Appeal. 6 In so far as prayer clause (B) of the application is concerned, the heir of Respondent Nos.7A is already on record as Respondent No. 6A(v). Hence, part of prayer (B) for showing Respondent No.6A(v) as heir of Respondent No.7A is reasonable and the same is allowed. 7 In so far as remaining prayers in prayer Clause (B) for substituting the heir of deceased Respondent No.6D is concerned, it appears that apart from Respondent No.6G who is shown to be minor, Respondent No.6F who is shown to be absconding would also be an heir of deceased Respondent No.6D. No prayer has been made for appointment of 4 22-cas-62-2011.sxw guardian ad­litem for the minor Respondent No.6G. In view of this, without keeping this Civil Application pending, liberty is granted to the Applicants to file fresh Civil Application seeking appropriate reliefs for treating Respondent No.6F and 6G as heirs of deceased Respondent No.6D, issuing notice to Respondent No.6F and for appointment of guardian ad­ litem for minor Respondent No.6G. 8 Civil Application is disposed off in the aforesaid terms with liberty as reserved in paragraph 7 above. (G.S.GODBOLE, J.)