1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5233/2009 (Anil R. Road and another ..vs.. Pushpalata R. Rode and others) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- DECEMBER 03, 2009 Heard learned Advocate Shri D.A.Sonawane for the petitioners. The plaintiffs have not challenged bringing of legal heirs of deceased defendant No.1 on record. The defendant Nos.2 and 3 (petitioners before this Court) contend that as property was not ancestral property, there was no question of bringing legal heirs of deceased defendant No.1 on record. It is obvious that petitioners are trying to put cart before the horse. The disputed issue can be resolved, if it arises, by the trial court, after necessary parties appear before it. No case is, therefore, made out warranting any interference in writ jurisdiction. Writ Petition is dismissed. No order as to costs. JUDGE Diwale.