1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4004 OF 2009 WITH CIVIL APPLICATION NO.1903 OF 2009 IN SECOND APPEAL NO.270 OF 1990 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM: P.R.BORKAR, J. Date : April 21, 2010 1. Heard Smt.M.A, Kulkarni, Advocate for the applicants-appellants. 2. In this case Respondent Rajendra s/o Balbhim Kinikar has expired. As per civil application No.7341 of 2009, the appellants had produced xerox copy of a Will sent to them by Advocate Shri Avishkar Shelke along with his letter dated 17.3.2009. Death certificate of Rajendra is also produced. 3. Learned Advocate Smt. Kulkarni for applicants states that the xerox copy of the Will does not bear signature of deceased Rajendra, but merely a line. So, 2 it is necessary to make enquiry whether the Will is genuine or otherwise and who are the legal heirs of deceased Rajendra Kinikar. 4. Learned counsel for the applicants also drew my attention to civil application No.4004 of 2009 whereby the applicants have prayed for action under Order 22 Rule 4-A of Civil Procedure Code 1908 which is applicable to a case wherein there is no legal representatives. In support of the same, she has produced a copy of notice issued by appellant through Ganesh Deshmukh resident of Osmanabad, calling upon anyone who claims to be heir of deceased Rajendra Kinikar. She also produced public notice issued in newspaper at Exhibit B. 5. Considering the documents, in my opinion, it is necessary to have enquiry as to who is the legal representative of deceased Rajendra Kinikar (Original Plaintiff No.1). 06. Therefore, in the peculiar facts of the case, under proviso to Rule 5 of Order 22 of C.P.C. the First Appellate Court i.e. District Court, Osmanabad, is directed to enquire as to who is legal representative 3 of the deceased Rajendra Kinikar (Respondent herein) and submit report to this court. After receipt of report, appeal to proceed further. 7. The registry to send copies of civil application Nos. 7341 and 4004 of 2009 to the District Court, Osmanabad, for the purpose of holding enquiry as above. The District Court shall complete enquiry within a period of three months from today and submit report to this court, accordingly. C.A. disposed off. pnd/ca4004.09 (P.R.BORKAR, J.)