1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5747 OF 2010. Santosh Vishram Lambhade ..vs.. Mankarnabai Mahadeo Mukhmale and ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.L.A.Mohta Adv. for the petitioner. CORAM : B.P. DHARMADHIKARI, J. DATED : 6th DECEMBER, 2010. Heard. One Smt.Chandrabhagabai filed a suit for removal of encroachment against father of the present petitioner. After her death, her legal heirs were brought on record. In the meanwhile, matter came before this court in 1997 in civil revision and that revision was later on converted into a writ petition. This proceedings were disposed of on 31/8/2008. Mahadeo, legal heir of Chandrabhagabai, expired on 18/2/1998 and her another legal heir Dhondu expired on 11/3/2003. Her other legal heirs were are already on record. On 15/1/2009, the applications were filed by legal representatives of Mahadeo and Dhondu for bringing their names on record, for setting aside abatement and for condonation of delay in filing the 2 application. The trial court has allowed those applications after noticing that for about 11 years stay was operating, and for trial of suit on merit, it was necessary to set aside abatement. Advocate Mr.Mohta, learned counsel for the petitioner, argues that the trial of suit on merit cannot be the reason for condoning the delay and for setting aside the abatement. He points out that during pendency of proceeding before this court, the legal representatives of Mahadeo and Dhondu were brought on record by the petitioner and in spite of this, no steps were taken before the trial court. I do not find any jurisdictional error or perversity in the matter. Suit is for removal of encroachment. Other three heirs of Chandrabhagabai can validly prosecute that suit further without Mahadeo or Dhondu. In this situation, cause in the suit survives. Though Trial court has not recorded appropriate reasons, I am not inclined to interfere in writ jurisdiction. Petition is, therefore, rejected. JUDGE chute