IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1463 OF 2007 WITH CIVIL APPLICATION NO. 1048 OF 2005 IN SECOND APPEAL NO. 269 OF 2003 Smt.Hirabai Namdeo Rengde...... ...... ...... Applicant. V/s Smt.Indubai Namdeo Rengde & Ors. ......... ...... Respondents. Mr.U.B.Nighot, Adv. For the applicant. CORAM: R.V. MORE, J. 17th NOVEMBER, 2008. PC: Heard Mr.Nighot, learned advocate for the applicant in civil application No.1463 of 2007. None appears for the applicant in civil application No.1048 of 2005. Civil application No.1048/05 is taken out by the appellant contending that they are legal heirs of sole respondent in the aforesaid appeal. 2. Civil application No.1463/07 is taken out by one Dyandeo Soma Gavari contending that he is legal representative of sole respondent in aforesaid second appeal by virtue of registered will of deceased sole respondent. In view of the contrary claim of the heirship of sole respondent this court by an order dated 21.11.2007 referred the 1 aforesaid civil applications to learned Civil Judge, Junior Division, Junnar under Order 22 Rule 5 with a direction to hold an enquiry with regard to heirship of the sole respondent and submit a report. 3. Learned Civil Judge, J.D., Junnar held an enquiry and by an order dated 13.3.2008 came to to the conclusion that Dyandeo Soma Gavari is the legal representative of the sole respondent by virtue of registered will dated 16.11.1999 and submitted a report to this Court under covering letter dated 15.3.2008. 4. In view of the aforesaid report civil application No.1463/07 deserves to be allowed. Accordingly applicant Dyandeo Soma Gavari's be brought on record as legal representative of the sole respondent. Necessary amendment be carried within a period of four weeks from today. 5. In view of above observations nothing survives in Civil Application No.1048/05 and the same is accordingly dismissed. Office is directed to place the second appeal for admission after four weeks. Both Civil Applications stand disposed of accordingly. 17.11.08 (R.V. MORE, J.) 2