FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 4626 OF 2007 ------------------------------------------------------- Office Notes : Court’s / Judges Office Memoranda : Order. of Coram, apperances : Court’s and Judges : Orders or directions : and Registrars’Orders : -------------------------------------------------------- SANTOSH SINGH I/B. SACHIN BORHADE I/B.PILLAI & CO. FOR THE PETITIONER. CORAM CORAM CORAM : A.A.Sayed, J. : A.A.Sayed, J. : A.A.Sayed, J. DATE DATE DATE : June 5, 2008. : June 5, 2008. : June 5, 2008. P.C. 1. This petition has been filed impugning the order dated 21st March, 2007, passed by the Appellate Bench of Small Causes Court at Bombay, whereby the petitioner was directed to implead the respondent, who is the original applicant as party to the Appeal in plaint instead of respondent NO. 5, who expired during the pendency of the Appeal. 2. The respondent/ original applicant, is the sister of deceased respondent No.5, Shri Minocher Engineer. In paragraph 4 of the Interim Notice No. 2568 of 2006 at Exhibit "A" she has stated as follows :- "I say that under Parsi law of Succession I am the only heir and legal representative of my (late) brother. I say that I am also one of the executrixes of the Will left behind by my late brother and I am fully entitled to represent his estate, and as such I be substitute instead of my deceased brother abovenamed in the aforesaid matter". 3. The petitioners have not accepted the relationship of the respondent-original applicant and the trial court vide impugned order allowed the impleadement of the respondent/ original applicant to the Appeal. 4. The learned Counsel for the petitioner states that he would be satisfied if the respondent-original applicant is directed to furnish a copy of the Will left behind by the deceased Minocher Engineer, on the basis of which she seeks to represent the estate of the deceased. 5. In the circumstances since the Will has been relied upon in the applicationof the respondent/ original applicant, without disturbing the impugned order, it is directed that the respondent- original applicant shall furnish a copy of the said Will to the petitione, within three weeks from today. 4. With the above directions, the writ petition stands disposed of. ...... [A.A.Sayed,J.] [A.A.Sayed,J.] [A.A.Sayed,J.]