1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 11489 OF 2009 IN WRIT PETITION NO. 276 OF 2006 Murikabai w/o Ramrao Andil & anr. ...Applicants VERSUS Kashibai @ Sundarabai w/o Rangnath Chavan and ors. ...Respondents ..... Shri V.P.Latange, advocate for the applicants Shri V.D.Salunke, advocate for respondent nos. 4 to 8 absent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 27th November, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicants. 2 The applicant has preferred the present application for deleting the name of respondent no.1 from Writ Petition No. 276 of 2006. 3 The applicants submit that the applicant/original 2 plaintiffs had filed Regular Civil Suit No. 52 of 2002 before learned Civil Judge, Junior Division, Dharur for declaration and permanent injunction. It is the case of the applicants/original petitioners that respondent no.1 was keep of petitioners’ father. She was not legal heir of petitioner’s father and was taking undue advantage of petitioners’ mother. The applicant further submits that during the pendency of Regular Civil Suit No. 52 of 2002, respondent no. 1 namely Kashibai @ Sundarabai Rangnath Chavan was expired. She was issueless and she is not having any heir or legal representative. Therefore, the applicants/original plaintiffs have filed application in the said Regular Civil Suit No. 52 of 2002 for deleting the name of present respondent no.1 below Exh.93. Learned court passed an order on Exh.93 and thereby deleted the name of present respondent no.1 i.e. defendant no.1 in the said suit. The applicant further submits that there is no heir or legal representative of deceased respondent no.1 and, therefore, the name of deceased respondent no.1, which has been already deleted from the suit, is required to be deleted from Writ Petition No. 276 of 2006 also. 4 Considering the averments in the present application and also considering the submissions advanced by learned counsel for the applicant, since it is averred in the present application that name of respondent no.1 herein i.e. defendant 3 no.1 in Regular Civil Suit No. 52 of 2002 before learned Civil Judge, Junior Division, Dharur was deleted vide order passed on Exh.93 and since it is also averred that said respondent no.1 i.e. defendant no.1 namely, Kashibai @ Sundarabai w/o Rangnath Chavan has no heir or legal representative, the application made by the applicant i.e. original petitioner herein for deletion of name of respondent no.1 is required to be allowed. 5 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and the applicants/original petitioners are permitted to delete the name of respondent no.1 from Writ Petition No. 276 of 2006. Present Civil Application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca11489.09