spb/- 1 ca510-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 510 OF 2011 IN Second Appeal No. 420 OF 2010 Smt. Savitrabai Malhari Wanzare & Anr. ... Applicants. . (Org.Plaintiffs) V/s. Shri Patilbuva Malu Wanzare & Ors. ... Respondents. --- Mr. S.A. Sawant for the Applicants. Mr. Prashant Bhavake h/f. Mr. N.V.Bandiwadekar for Respondent Nos.2 to 6, 8 to 11 and 12. ----- CORAM : G.S. GODBOLE, J. DATE : 02nd SEPTEMBER, 2011. P.C. : 1 This is an Application for deleting the names of Respondent No. 1- Shri Patilbuva Malu Wanzare and Respondent No.7- Jankibai Patilbuva Wanzare from the Second Appeal, who had died on 27.06.2009 and 27.01.2010 respectively. 2 As already noted while disposing off C.A. No. 509 of 2011 by a separate order passed today, the appeal in the District Court was decided on 07.09.2009 and the Respondent Nos. 2 to 6 were already on record of the said appeal. Respondent No. 7 had died after the decision of the appeal on 27.01.2010 i.e. after the filing of the Second Appeal. Since spb/- 2 ca510-11.sxw heirs were on record, the estate of the Respondent Nos. 1 and 7 is duly represented and the cause of action for filing of the suit survives. 3 Hence, this Civil Application is allowed in terms of prayer clause (a). Since there is no question of delay, prayer clause (b) is redundant. It is clarified that in case, according to the Respondents, there are any other heirs or legal representatives of the deceased Respondent Nos.1 and 7, it will be open for them to file appropriate Civil Application/s indicating the names of such heirs and also indicating that the said persons would also be required to be joined. As and when such an application/s is /are filed, the same will be considered on its /their own merits. 4 Amendment to be carried out forthwith in the court. 5 List the Second Appeal for admission on 19th September, 2011. [G.S. GODBOLE,J] .....