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Judgment
C.V. Bhadang, J
This is an application for bringing the Applicants on record as legal representatives of the original sole Petitioner Dattatraya Madhav Dalavi who died on 27 July 2019.
I have heard learned counsel for the parties.
The learned counsel for the Applicants states that after the death of the sole Petitioner steps were taken to file the Application of which the registration was refused on account of the fact that the office had noticed some discrepancy in the name of the sole Petitioner as recorded in the death certificate. The Applicants obtained a corrected death certificate from Gram Panchayat, after which the Application was restored.
The learned counsel for the Respondent has strenuously opposed the Application on the ground that the Applicants have no locus to bring themselves on record as the right to sue does not survive. This according to the learned counsel is on account of the fact that the the present Applicants have sold the property to a third party on 24 February 2022.
The learned counsel submitted that the Applicants have not sought leave of this Court. Even otherwise, the Applicants have no right, title or interest left in the suit property from which the disputed access is claimed by the Respondent.
The learned counsel for the Applicant states that the right to sue survives.
I have considered the submissions made. The Respondent had approached the Mamlatdar under section 5 of the Mamlatdar Courts Act. The learned Mamlatdar by an order dated 4 September 2007 had restrained the Original Petitioner from obstructing the access leading to Gat No.329 situated at Village-Dighwad, Taluka-Chandwad, District-Nashik. That order was confirmed by the Sub Divisional Officer which is subject matter of challenge in this Petition. Insofar as leave of this Court is concerned there is an interim stay to the order of the Mamlatdar. There is no order restraining the Applicants from creating third party interest.
In the circumstances, the Application is allowed as prayed. Necessary amendment shall be carried out within three weeks from today. This shall be subject to the issue of locus of the Applicants, being left open, to be considered at the stage of the hearing of the Writ Petition.
Liberty to the Respondent to apply for early hearing/ modification of the interim order, if so advised.