1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10113 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 10113 OF 2010 *** 1. Heard Advocate Mr. G. R. Syed for Petitioner and Advocate Mr. Nikhal Jaju for Respondent Nos. 1 to 3. 2. Short contention of Advocate Syed is, by observing that application at Exhibit-102 is allowed, the Joint Civil Judge, Junior Division at Ashti has indirectly accepted the entitlement and status of Respondent No.1 as legal heir of deceased plaintiff Dwarkabai. According to him, in earlier round of litigation in Workmen Compensation proceedings, some evidence has come on record which militates with this contention. 3. Shri Jaju appearing for Respondent No.1 does not accept these contentions. According to him, the respondent No.1 has been allowed to come on record only for the purpose of prosecution of suit and his status and entitlement can be looked into by civil Court 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10113 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. independently. 4. I find substance in the contention of Shri Jaju. Only because of first line in the impugned order by which the trial Court has granted application at Exhibit-102, the inference as drawn by Advocate Mr. Syed cannot be reached. The Respondent NO.1 is substituted in place of deceased Dwarkabai only for the purpose of further prosecution of the suit. His entitlement or status to her estate is to be independently gone into by civil Court. 5. In view of this position/ clarification no further orders are called for in this writ petition. Writ petition is accordingly disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:03/02/2011. ans/10113