1 c.a.2010.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2010 OF 2011 IN FIRST APPEAL NO.352 OF 2004 1. Mohd. Abdul Majid S/o Mohd. Abdul Bari,Dead through Legal representatives ...APPLICANTS. VERSUS 1. Mohd. Abdul Hamid S/o Mohd. A.Bari and others. ...RESPONDENTS. ... Smt.A.N.Ansari Advocate for Applicants. Shri.B.N.Lahare,Advocate holding for Shri.S.P.Deshmukh,Advocate for Respondents. ... CORAM: SHRIHARI P.DAVARE, J. DATE : 18th FEBRUARY, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicants for bringing heirs - legal representatives of deceased sole appellant on record, in First Appeal No. 352 of 2004. It is contention of the applicants that husband of applicant No.1 and father of applicant Nos. 2 to 4 2 c.a.2010.11 has filed First Appeal No. 352 of 1996, against respondents, challenging Judgment and order dated 01.01.2004, passed in Special Civil Suit No. 352 of 1996, by Civil Judge Senior Division, Aurangabad, and same is pending. However, during the pendency of said First Appeal, sole appellant husband of applicant NO.1 and father of applicant Nos. 2 to 4, namely, Mohammed Abdul Majid Mohd. Abdul Bari has expired on 24.10.2010. The copy of the death Certificate of deceased Appellant is annexed herewith as Exhibit A. 3. It is the contention of the applicants that they are heirs-legal representatives of said deceased sole appellant, and therefore, they are required to be brought on record in First Appeal as heirs - legal representatives of deceased Appellant. 4. Since applicants are heirs - legal representatives of deceased sole appellant, right to sue and survive continues in their favour and, therefore, they are required to be brought on record as heirs-legal representatives of deceased sole appellant. Deceased appellant, namely, Mohammed Abdul Majid Mohd. Abdul Bari has expired on 24.10.2010 and the present application came to be filed on 06.01.2011. Thus, the present application is well within limitation, and hence, 3 c.a.2010.11 same deserves to be granted. 5. In the result, present application is allowed in terms of prayer clause [B] thereof. Heirs – legal representatives of deceased sole appellant as mentioned in para No. 3 of the present application be brought on record as appellants, within the period of two weeks from today, by way of amendment. 6. Present application stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK