IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7028 OF 2008 Shri.Shamrao Damu Nikam & Anr. ...Petitioners V/s. Shri.Bhaurao Arjun Pawar & Anr. ...Respondents WITH WRIT PETITION NO.7031 OF 2008 Shri Sudhakar Pandu Nikam ...Petitioner V/s. Shri.Bhaurao Arjun Pawar & Anr. ...Respondents ...... Mr.R.M.Hardas i/b Mr.P.N.Joshi for Petitioners. Mr.S.V.Gavand for Respondent No.1. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 5, 2009. FEBRUARY 5, 2009. FEBRUARY 5, 2009. P.C. 1. Counsel for Respondent No.1 submits that the Suit itself is finally disposed of. If it is so, the Petitioners will have to pursue appropriate remedy against such adverse order passed against : 2 : them. In the said Appeal, it will be open to the Petitioners to question the correctness of the impugned order as well, and ask for suitable reliefs, as may be advised. 2. In that sense, nothing survives for consideration in these Petitions. These Petitions are disposed of with liberty to the Petitioners to question the correctness of the impugned order in the proposed Appeal against the final decree passed by the Trial Court. All questions in that behalf are left open. 3. Counsel for the Respondent No.1 points out that due to inadvertence, he has filed Vakalatnama for Respondent No.1 although the Vakalatnama was signed by son of Respondent No.1. As a matter of fact, Respondent No.1 has expired during the pendency of proceedings before the lower Court whose heirs have already been brought on record. He filed the Vakalatnama on behalf of one of the heir of deceased Respondent No.1. It will be open to the Advocate to carry out necessary correction on the Vakalatnama already filed to indicate the : 3 : correct position. It is true that the heirs of deceased Respondent No.1 have not been brought on record before this Court. But in terms of this order, the office will take the said Vakalatnama on record as filed on behalf of the heir of deceased Respondent No.1. 4. Petitions disposed of on the above terms. A.M.KHANWILKAR, J.