1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2584 OF 2008 IN WRIT PETITION NO.8453 OF 2005 Pravinchandra R. Sheth ..Petitioner. V/s. Smt.Mrudula K. Damani & Ors. ..Respondents. And Vinodchandra Ratilal Sheth & Ors. ..Applicants. Mr.S.R.Bhalekar i/b. Ranjana Parikh for petitioner. Mr.Piyush Shah for Respondent Nos. 1 to 4. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. This Application is opposed by the Respondent Nos. 1 to 4 only in relation to the Applicant Nos. 1,2 and 3 on the argument that they are neither the heirs nor the legal representatives of the original Writ Petitioner. This argument will have to be rejected for the simple reason that the original Petitioner has filed Writ Petition as Karta of the Joint family. The Applicant Nos. 1,2 and 3, it is not in dispute are brothers of the Original 2 Petitioner, after whose demise they wish to come on record as legal representatives of the original Petitioner being part of the joint family. It is stated that partition has been effected in respect of joint family property, for which reason the Applicant Nos. 1, 2 and 3 will have to espouse their own cause after demise of original Petitioner, who had presented this Writ Petition in the capacity of the joint family. Insofar as Applicant Nos. 4 to 6 are concerned, there is no dispute that they are the heirs and legal representatives of the deceased petitioner. 3. Taking overall view of the matter, therefore, the Applicants are entitled to be brought on record as heirs and legal representatives of the writ petitioner. There is delay of only 68 days which in my view needs to be condoned in the interest of justice. Accordingly, Application is made absolute in terms of prayer clauses (a), (b) and (c). Amendment be carried out within four weeks from today, failing which Writ Petition to stand dismissed for non-prosecution without further reference to the Court. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)