1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5440 OF 2004 IN SECOND APPEAL NO. 395 OF 2004 Pratap S/o Pandurangrao Kande .. Applicant Versus 1. Pralhad S/o Narayanrao Kande and others .. Respondents Shri R. T. Nagargoje, Advocate for the Applicant. Shri Janardhan Murkute, Advocate for the Respondent No. 1. Shri Suresh W. Mundhe, Advocate for the Respondents No. 2A. CORAM : N. D. DESHPANDE, J. DATE : 12TH NOVEMBER, 2009. ORAL ORDER : 1. Heard Shri Nagargoje, the learned counsel for the applicant/appellant, Shri Murkute, the learned counsel for the contesting respondent No. 1 and Shri Mundhe, the learned counsel for the legal heirs of respondent No. 2. 2. This is an application for bringing the legal heirs of respondent No. 2 on record, upon death of respondent No. 2. Notices were directed by this Court. Accordingly, they gave 2 appearance with their counsel Shri Mundhe. It is submitted that, there was delay of 248 days for such application for bringing them on record. I heard both the sides and found that, the deceased respondent being brother/defendant of the present appellant and was co-defendant in the original suit filed by the present respondent No. 1. It was a suit for claiming right of way pertaining to a lane 7 feet wide. The property was purchased by the appellant from his brother respondent No. 2 and 3, who were original defendants No. 2 and 3. They had no independent right left to the property and the main contesting defendant is the appellant. Since the respondents No. 2 and 3 were original defendants and there was no adverse interest between the original defendant No. 1/appellant and these two defendant brothers. As such, there is no question of bringing the legal heirs on record. The appeal is directed mainly against the judgment and decree passed against the respondent No. 1, who is the original plaintiff. As such, the application is devoid of substance and stands rejected and the application is accordingly disposed of. Shri Mundhe, the learned counsel for the respondents No. 2A is discharged. 3. Now the matter is heard for admission as per the order of this Court dated 07th November, 2009. [ N. D. DESHPANDE, J.] bsb/Nov.09