1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 12682 OF 2010 IN SECOND APPEAL NO. 303 OF 1998 Baliram s/o Tulshiram Gavate, died per heirs and L.Rs. 1A) Shashikalabai Baliram Gavate & ors. ...Applicants (heirs of the sole appellant) VERSUS Namdeo s/o Vitthalrao Gavate and ors. ...Respondents ..... Shri R.P.Dhase, advocate for the applicants Shri A.S.Golegaonkar, advocate for respondent.1 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 18 th February, 2011 PER COURT : 1 Heard Shri R.P.Dhase, advocate for the applicants. 2 This is an application preferred by the applicants i.e. heirs and L.Rs. of deceased sole appellant requesting for permission to bring their names on record as heirs and legal representatives of deceased appellant 2 in Second Appeal No. 303 of 1998. 3 The applicants contend that the sole appellant, namely Baliram Tulshiram Gavate had filed Second Appeal No. 303 of 1998 in this court and same is pending for final hearing. However, during the pendency of the Second Appeal, the sole appellant, namely Baliram Tulshiram Gavate expired on 12.5.2010 and death certificate to that effect has been annexed at Exh. ‘A’. 4 The applicants contend that the applicant nos. 1A to 1H are the heirs and legal representatives of deceased appellant and they are required to be brought on record to prosecute the Second Appeal further. It appears that the sole appellant, namely Baliram Tulshiram Gavate expired on 12.5.2010, as substantiated by the death certificate annexed at Exh. ‘A’ and present application has been filed by the applicants on 26.7.2010, and therefore, it is apparent that the present application has been filed by the applicants within the period of limitation. 5 Moreover, since the sole appellant expired, right to sue and survive continues in the heirs and legal representatives of deceased appellant i.e. applicant, and hence, their names are required to be brought on record in the appeal as heirs and legal representatives of deceased appellant, in the interest of justice, and therefore, present application deserves to be allowed. 3 6 In the result, present application is allowed in terms of prayer clause ‘A’ thereof and stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca12682.10