ORDER :

Y.G. Khobragade, J.

1. Heard the learned counsel appearing for the applicant and the Non-applicant, at length.

2. The applicant who is married daughter of the original Appellant and Respondent has filed present application under Order 22 Rule 1 & 2 of Code of Civil Procedure seeking permission to bring her on record being legal heir of her deceased mother-appellant in an appeal for enhancement of maintenance.

3. The legal issue which falls for consideration is that, whether the right to sue survives/lies with the legal heirs of deceased appellant in the appeal for enhancement of maintenance under the personal law i.e. Hindu Adoption And Maintenance Act?

4. The learned counsel appearing for the applicant canvassed that the present applicant is a married daughter of the deceased Appellant and Respondent. The marriage of her mother/Appellant and her father/Respondent solemnized on 06.12.1977. Initially, the marital relations between the appellant and respondent were cordial, but subsequently said relations became strained. Therefore, her mother (Appellant) and father (Respondent) started residing separately. Her Mother (Appellant) had filed petition bearing Petition-C No. 11/2017 u