( 1 ) ca7341.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7341 OF 2009 IN SECOND APPEAL NO. 270 OF 1990 Vithal s/o. Bhairunath Jagtap (Died) & Ors... Applicants Versus Rajendra s/o. Balbhim Kinikar & Anr. .. Respondents Mrs. M.A. Kulkarni, Advocate for the applicants. Mr. A.S. Shelke, Advocate for respondent No.2. CORAM : A.V. NIRGUDE, J. DATED : 22.06.2011 P.C. :- 1. By consent the following order is passed :- i. In view of provisions of Order 22 Rule 5 of C.P.C., the Civil Judge, Senior Division, Osmanabad, is directed to determine (1) Whether the proposed respondent – Shivaji Sopan Itbare, resident of Ambewadi, Tal. & Dist. Osmanabad, is legal representative of deceased respondent – ( 2 ) ca7341.09 Rajendra Balbhim Kinikar? (2) Whether the Will propounded by the proposed respondent is valid? ii. The proposed respondent – Shivaji agreed to withdraw the proceedings he has initiated for heir-ship certificate elsewhere. iii. The office is directed to fix the appeal for hearing after receipt of findings of the Civil Judge, as directed above. iv. The record and proceedings of the appeal are purposely not sent to the Lower Court because the original Will is not in the record and proceedings. The question before the learned Civil Judge can be decided even without referring to the record and proceedings of this appeal. v. The parties shall appear before the Civil Judge on 15.07.2011. The proposed respondent shall make formal application to the learned Civil Judge, S.D., Osmanabad, annexing a copy of this order. vi. The learned Civil Judge, S.D., Osmanabad, shall give sufficient opportunity to the parties for recording their pleadings and evidence. ( 3 ) ca7341.09 2. The Civil Application stands disposed of. 3. Authenticated copy of this order shall be given to the parties. [A.V. NIRGUDE, J.] snk/2011/JUN11/ca7341.09