1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Appeal against Order No.46 of 2009 (Dilip Narayan Shirke and others v. Raje Raghujirao s/o Raje Ajitsinghrao Bhonsle and others) Shri M.G. Bhangde, Senior Advocate for Appellants. Shri S.P. Dharmadhikari, Senior Advocate for R- 1 and 2. Shri S.K. Sawai, Advocate for R- 3. CORAM : R.C. Chavan, J. Dated : 4th May, 2009 1. This appeal is directed against the order passed below Exhibit 454 in final decree proceedings No.16 of 1961 before the learned Civil Judge, Senior Division, Nagpur, whereby the learned Judge disallowed the application Exhibit 454 filed by the applicants for being joined as parties to the proceedings as legal representatives of Rani Annapurnabai on the basis of a will. 2. While deciding Appeal No.34 of 1999 by judgment dated 27-1-2000, this Court had directed that the Trial Court should consider all the contentions raised in respect of the wills during the course of final decree proceedings. 3. The learned counsel for the appellants as well as respondent Nos.1 and 2 as also respondent No.3 state that the impugned order dated 13-3-2009 may be set aside and the matter may be remitted back to the Trial Court for decision in 2 terms of the judgment of this Court dated 27-1-2000, i.e. by considering all the objections which may be raised and considering all the contentions that may be advanced before him while deciding the final decree proceedings and not by a separate order. 4. In view of this, the impugned order is set aside. Application Exhibit 454 stands allowed. The learned Trial Judge shall decide the question of applicants being heirs of Rani Annapurnabai in terms of the judgment of this Court dated 27-1-2000 in the final decree proceedings. JUDGE Lanjewar