1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2619 OF 2010 IN WRIT PETITION NO. 4139 OF 2007 WITH WRIT PETITION NO. 4139 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Vikas M Mali, for the applicants/ petitioners. CORAM : D.B.BHOSALE,J. DATE : 14/12/2010. PC: Heard learned counsel for the applicants. The applicants, in this civil application, have prayed for setting aside the order dated 6.7.2007 passed by this court dismissing the writ petition for default. I have perused the civil application. For the reasons stated in the application, it is made absolute in terms of prayer clause (a). The civil application is disposed of. The writ petition is accordingly restored to file and heard T 2 forthwith for admission. WRIT PETITION NO. 4139 OF 2007 The writ petition is directed against the order dated 19.4.2005 by which the application filed by respondent No.1- Hirabai Laxman Yesumali for impleading her and Bhagwan Narayan Mali as party defendants, being the heirs and legal representatives of the deceased respondent no.1-Narayan, has been allowed. I have perused the order. It is clear from the second last paragraph of the order that issue of status of the third party, i.e. respondent nos 1 and 2, is kept open by the learned Judge while allowing their application for their impleadment as party-defendants in the suit. Respondent nos 1 and 2 claim to be the daughter and the son of the deceased- Narayan. In my opinion, no prejudice would cause to the petitioners,if they are added as party defendants. Moreover, the impugned order was passed in 2005. The learned counsel for the petitioners is not 3 in a position to state the stage of the proceedings before the trial court. Keeping that in view and for the reasons stated in the order, the writ petition deserves to be dismissed. Order accordingly. (D.B.BHOSALE,J.)