: 1 : wp-1289-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1289 OF 2011 Moti Dinshaw Moriabadi/Irani ..Petitioner Vs. Merzaban Fardun Irani and Ors. ..Respondents Mr. J.S.Kini i/b Mr. Suresh Dubey for the Petitioner Mr. R.M.Patne, AGP for Respondent No.6 None for rest of the Respondents CORAM: S.C.DHARMADHIKARI, J. DATE: AUGUST 8, 2011. P.C.: 1 This Writ Petition was placed today under the caption “For orders”, so as to seek compliance of the objections raised by the Registry regarding service. However, Mr. Kini, Advocate appearing on behalf of the Petitioner stated that contesting party is Respondent No.5, whereas, the Respondent Nos.1 to 4 may not be affected by the controversy in the petition. The Respondent No.5 is duly served. None appears on behalf of the Respondent No.5. Mr. Patne, the Learned AGP appears on behalf of the Respondent No.6 2 It appears that an application was made during the course of the proceeding by Respondent No.5 to implead him as a heir of Respondent No.1 on record. The said heir has been brought on record by the impugned order. According to the Petitioner it is erroneous because the Will produced : 2 : wp-1289-11.sxw is not probated. Now, the person other than the heirs of Respondent No.1 is brought on record. At the same time in the Writ Petition, it is stated that the Special Suit No.134 of 1995 is pending, wherein, the alleged Will is challenged. 3 To my mind, the proceedings in which, the parties have been impleaded or brought on record by themselves do not decide any issue and particularly about the genuineness and validity of a Will. Similarly, the issue of right, title and interest in the immovable property can always be raised before the Competent Civil Court irrespective of what has been observed and held by the Revenue authorities. In these circumstances, the remedies are kept open for the Petitioners, there is no warrant of interfering in writ jurisdiction. The Writ Petition is accordingly dismissed. 4 It is clarified that the issue will be decided by the Competent Civil Court without being influenced by any order and/or observations made by the Revenue authorities. (S.C.DHARMADHIKARI, J.)