1 wp9327.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 9327 of 2010 Shri Pundalik Bhau Thorve & anr. ...Petitioners v/s. Smt. Shobha Shobha Vikas Thorve ...Respondents Mr. U.B. Nighot for the petitioners. Mr. Bhushan Walimbe for respondent no.1. CORAM:- B.R. GAVAI, J. DATED :- FEBRUARY 22 2011. P.C. Rule. Rule made returnable forthwith. 2. By consent, the Petition is taken up for final hearing. 3. By way of present Petition, the Petitioners challenge the order dated 19th October, 2010 vide which the Application filed by the present Petitioners for joining them as parties in suit filed by Respondents 1-3 for a declaration of civil death of Respondent No. 4 is rejected. 2 wp9327.10.sxw 4. The Respondents 1-3 have filed the suit claiming a declaration of civil death of Respondent No. 4 who is the husband of Respondent No. 1 and father of Respondents 2 and 3. The present Petitioners are father and mother of the Respondent No. 4. It could thus be seen that the Petitioner No. 2 would be legal heir of clause-1 of the Respondent No. 4. Though the Petitioner No.1 would not be the legal heir of clause-1 but since he is father of respondent no.4, he would be a proper, if not a necessary party to the proceedings before the learned trial Court. 5. In that view of the matter I find that learned trial Court has erred in rejecting the Application. 6. Rule is made absolute in terms of prayer clause (b). 7. Taking into consideration the nature of litigation, the learned trial Court is directed to dispose of the suit as expeditiously as possible and in any case within a period of three months from today. (B.R. GAVAI, J)