pvr １ nm1023-213-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1023 OF 2011 IN APPEAL NO.213 OF 2011 IN CHAMBER SUMMONS NO.26 OF 2009 IN SUIT NO.42 OF 2002 IN T & I.J. PETITION NO.514 OF 1990 Mrs.Aruna Shah ...Appellant vs. Yohannan Thomas John & Anr. ...Respondents and Ms.Uma Shah. ...Non Respondent (orig.applnt.no.1) --- Mr.D.D.Madan, Sr.Advocate i/b. Kanga & Co., for Appellant. Mr.Sanjay Jain with Ms.Sarika Mehra i/b. L.J.Law, for Respondent no.1. Mr.Rohan Cama with Ms.Aishwarya Menon i/b. M/s.Sanjay Udeshi & Co., for Respondent no.2. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 23rd August,2011. pvr ２ nm1023-213-11 P.C.:- 1. Heard. No reply has been filed by the original plaintiff. Admittedly, the appellant is daughter of the deceased the probate of whose Will is sought in the suit. If the probate is not granted and the suit is dismissed, she will, obviously, be the beneficiary, therefore, her status as heir and interested party in the present suit is incapable of being disputed. The learned Single Judge has rejected her prayer for joining her as defendant. In this view of the matter, therefore, the trial of the suit will have to be stayed, otherwise it will cause irreparable injury to the appellant. The Notice of Motion is, therefore, granted in terms of prayer clause (b). Notice of motion is disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)