1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5873/2010. Smt. Shantabai S. Dawale and another -: VERSUS :- State of Maharashtra and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 14, 2010. Shri R.G. Kavimandan, learned counsel for petitioners and learned A.G.P. for respondents. The learned trial Court after hearing the parties framed issue as to whether the present petitioners prove that they are legal heirs of deceased Shamrao Dawale for the purpose of Exh.94. Learned Counsel for them in the present petition contends that issue does not arise because admittedly Shamrao and Ravindra are the heirs as they are relatives of deceased Shamrao. They are also relying upon a succession certificate. The trial Court has found that contention was they murdered Shamrao and hence 2 law does not permit them to take advantage of Will allegedly executed by deceased Shamrao in their favour. Learned Counsel has also attempted to show that there is no substance in the allegations of murder of Shamrao. Only issue has been framed and it is open for the petitioners to advance all their contentions before the trial Court. The trial Court has looked into the relevant material and there is no jurisdictional error or perversity. Hence all contentions of petitioners are kept open and present Petition is dismissed, with no orders as to costs. JUDGE Rgd.