1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO.717 OF 2008 Dr. Avadhut V. Agashe ...Applicant. v. Smt. Sindhu V Agashe & Ors. ...Respondents. Mr. Mandar Limaye, adv. For the Applicant. Mr.S.S.Kanetkar,adv. For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : APRIL 7, 2010 P.C. 1 On death of the plaintiff of Special Civil Suit No.846/95, defendant no.1 made an application for transposing himself as the plaintiff, as the defendant nos.1, 2 and 3 are sons of the deceased plaintiff. By the impugned order, the trial Court directed that the defendant nos.1 and 2 both be transposed as plaintiff nos.1 and 2. That order is challenged in the present revision application by the original defendant no.2. It appears that the defendant no.1 had previously filed a suit claiming right of pre-emption on the ground that partition had already taken place. It was contended on behalf of the defendant no.2 that defendant no.1 could not take a different stand now and, therefore, he could not be transposed as plaintiff. This contention of the defendant no.2 was rejected by the trial Court while directing that the defendant 2 nos.1 and 2 both be transposed as plaintiffs. 2 Heard the learned counsel for the parties. As far as conflicting stand of the defendant no.1 is concerned that can be looked into only while deciding the suit by framing appropriate issues on the point and not while deciding any such application for transposition or while deciding this revision application. 3 This Revision Application will have to be restricted only to the transposition. Defendant no.2 does not want to be plaintiff and wants to continue as defendants. In fact, the defendant no.1 alone had applied to be transposed as the plaintiff in place of his deceased mother. In view of this, there was no need to direct that the defendant no. 2 also be transposed. 4 Therefore, revision application is allowed and the impugned order stand modified as follows i Defendant no.1 be transposed as plaintiff in Special Civil Suit No.846/1995. 5 Revision Application stands disposed off accordingly. (J.H. BHATIA,J.)