1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.S. NO. 453/2009 IN Second Appeal No. 196/2002 (Smt. Kausalyabai wd/o Prakash Gadekar & others VERSUS Dattatraya Rambhau Gadekar & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Khati, counsel for the appellant. Shri P.B. Patil, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 16, 2009. Heard the learned counsel for the parties. Perused the contents of the civil application and the reply filed thereto. The learned counsel for the non-applicants states that the non-applicant no.1 Dattatraya is the only legal heir of deceased respondent no.2 as deceased Gayabai had executed a will making a bequest of the suit property in favour of Dattatraya. It is not in dispute that Dattatraya’s name is already on record as respondent no.1 to the appeal. The civil application for bringing the legal heirs of deceased respondent no.2 is filed well within the prescribed period of limitation. Since it is the case of the applicants that the respondent no.2 has left her two sons behind her, it is necessary to bring the names of both the sons on record. 2 Since the name of Dattatraya is already on record as respondent no.1, the name of Haribhau Rambhau Gadekar may be substituted in place of deceased Gayabai Rambhau Gadekar. The dispute between Dattatraya and Haribhau, if any, cannot be the subject matter of this litigation. Hence, the civil application, filed within the prescribed period of limitation, is allowed and the applicants are permitted to substitute the names of legal heirs on record. The necessary amendment may be carried out within a period of three weeks. The civil application is allowed and disposed of. JUDGE APTE