1 LPA247/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.247 OF 2011 IN WRIT PETITION NO.3128 OF 2011 M/s Rashmi Gruh Niram Pvt.Ltd. ...Appellants v/s Unique Shanti Developers and anr. ...Respondents Ms Neeta Karnik for Appellants. None for Respondents. CORAM : D.K.DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 7TH SEPTEMBER 2011. 2 LPA247/11 P.C. :- 1] This is an appeal filed by the original petitioners in writ petition No.3128 of 2011 making a grievance against the order passed by the learned Single Judge dated 25th July 2011 by which the learned Single Judge has declined to grant any interim relief. The relevant facts are that a special civil suit No.362 of 2000 was filed by Unique Shanti Developers. In the plaint, the plaintiffs have been described as under :- Unique Shanti Developers. Through Shri Harshad Punamchand Doshi, the Proprietor of Unique Shanti Developers During the pendency of the suit, Harshad Punamchand Doshi expired. Therefore, application for amendment in the plaint was made to bring on record legal representatives of Harshad P. Doshi. That application was at Exh.385 of the civil suit. 3 LPA247/11 The present appellants who were defendant No.1, filed application at Exh.382 for dismissal of the suit because according to the appellants  defendant No.1, on death of Harshad P. Doshi the suit does not survive. It is clear from the plaint that the suit was filed by Harshad P. Doshi. Therefore, Harshad P. Doshi was the real plaintiff, Unique Shanti Developers was the name in which Harshad P. Doshi was carrying on business. Therefore, death of Harshad P. Doshi will not bring an end to the suit when the suit is for possession of immovable property. The right to sue survives in the legal representatives of the proprietor of Unique Shanti Developers. Therefore, prima facie it appears that the Trial Court rightly permitted amendment in the plaint and also rejected the application filed by the present appellants. In our opinion, therefore, the learned Single Judge was perfectly justified in not granting any interim relief in favour of the appellants because that would have resulted in staying the trial of the suit. Appeal is without any substance. It is rejected. 4 LPA247/11 Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )