-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.59 of 2008 Mr.Parvez Isaq Khan ..Petitioner vs. 1. Bella Vista Coop.Housing Society Ltd. and others ..Respondents Shri V.S.Kapse for petitioner. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 22nd January, 2008 22nd January, 2008 22nd January, 2008 P.C. P.C. P.C. 1. There is no reason to interfere with the order of the Appellate Authority which is also not interfered in the Review jurisdiction, holding that the parties who are claiming to be substituted original respondents there is a pending litigation in the civil Court. The Civil Court would be the appropriate authority in the facts and circumstances of the present case to decide whether the Will is valid and whether under the same the petitioner can claim any right to the property in dispute. Until that issue is resolved either by the civil court or by this Court in appeal there is no question of allowing the petitioner to step in. Needless to state that as and when the appeal is decided the party would be at liberty to file the -2- appropriate application and that application would be decided in the light of the finding of the civil court/Appellate Court. Petition is dismissed. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)