1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.306 OF 2009 WITH CIVIL APPLICATION NO.368 OF 2009 Shivram Govind Babal ..Appellants since deceased through legal heirs V/s Meera Vasant Bhandare & anr. ..Respondents Mr.G.M.Joshi, Advocate, for the appellants Mr.V.S.Kapse i/b.Ms.Arun J. Waithy, Advocate, for the respondent No.1 CORAM : R.M.SAVANT, J. DATE : 13TH MARCH, 2009 P.C. . The above Appeal from Order challenges the Order dated 19th July, 2008 passed by the Ad-hoc District Judge - 1, Khed by which order the application filed by the respondent No.1/original plaintiff for bringing heirs of the defendant No.1 on record was allowed. 2 2. The said application was filed in the proceedings initiated by the respondent No.1 under Order XXXIX, Rule 2A of the Code of Civil Procedure, 1908. The said proceedings were originally filed against the defendant No.1. However, upon his death, his legal heirs have been brought on record. Admittedly, the said proceedings under Order XXXIX, Rule 2A are pending, various contentions are sought to be raised on behalf of the appellants on the maintainability of the said proceedings against the heirs as well as jurisdiction of the learned Ad- hoc District Judge - 1, Khed. 3. In so far as the jurisdiction issue is concerned, since the breach is alleged of the injunction order passed by the Appellate Court dated 23rd July, 2007, in my view, the proceedings as filed before the learned Ad-hoc District Judge - 1, Khed are maintainable. In so far as the other contentions of the appellants are concerned, they may raise the said contentions before the Court hearing the said application under Order XXXIX, Rule 2A. The concerned Court to hear and decide the said application on its own merits and in accordance with law. 3 4. With the aforesaid observations, the above Appeal from Order is disposed of. 5. In view of the disposal of the Appeal from Order, Civil Application does not survive and the same is accordingly disposed of. (R.M.SAVANT, J.)