1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C.A.No.3/2009 In W.P.No.5215 of 2004. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard learned advocates Mr.S.P.Deshmukh, and Mr. S.V.Chandole. None appears for the petitioner. 2. The application is filed for substitution of the legal representatives of the Respondent No.1. The Respondent No.1 - Vasant died on 11.8.1990. The petition was filed against him on 12.7.2004. Thus, as on the date of filing of the petition, the Respondent No.1 was not alive. The petition was filed against dead person. In other words, the petition is nullity as against deceased Respondent No.1 - Vasant. It appears that deceased Vasant was original plaintiff and the request of the present petitioner, before the trial Court, was to direct the Respondent No.l to elect the forum in the suit for ejectment. Considering the nature of lis and the fact that the petition is filed against deceased Respondent No.1 who was the main contesting Respondent and that it is quite old one, the application as well as the petition is dismissed. (V.R.KINGAONKAR,J.) Dt.26.06.2009. asp/office/Ca3.09