IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2625 OF 2006 IN WRIT PETITION NO.6250 OF 2005 Devaji Babdu Naik and others ..Applicants. Vs. Smt. Gitabai Tana Pawar and others ..Respondents. .... Mr. M.M. Sathaye for the Applicants. Mr. Vishwanath Talkute for Respondents 1 to 6. .... CORAM: DR. D.Y. CHANDRACHUD, J. 19th September, 2008. P.C. : The Civil Application has been taken out for setting aside the abatement as against the Fourth Respondent and for bringing legal heirs on the record. Proposed Respondents 4A and 4B are already on the record in their individual capacity and are represented by Mr. Talkute who has filed his Vakalatnama. In these circumstances, since the application is not opposed, the Civil Application will have to be made absolute. Counsel appearing for the Applicants was informed by a letter of Mr. Talkute dated 15th December, 2005 that in addition to the heirs mentioned in the Civil Application, Respondent No. 4 is survived by one more heir viz. Manjulabai Sayyaji Pawar, residing at Shaner Digar, Taluka Kalwan, District Nashik. Counsel appearing for the Applicants disputes on instructions that the aforesaid person is entitled to be impleaded as an heir of the Fourth Respondent. Learned counsel states that he has instructions that Respondent Nos. 4A and 4B are the only heirs of Respondent No.4 and that the Applicants will accept the consequence of the impleadment of the aforesaid two persons as heirs. It is needless to add that in the event Manjulabai seeks any interest in the estate of Respondent No.4, it would be open to her to adopt appropriate proceedings. The Civil Application is made absolute in terms of prayer clauses (a) to (d). Amendment to be carried out within a period of two weeks. *****