1 WP No.8928/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8928 of 2010 Abdul Rashid Ahmedsaheb Inamdar ... Petitioner versus Halimabi w/o Abdul Rashid Inamdar(deceased) & ors. ... Respondents ... Mr.Pankaj Das for the petitioner. Mr.S.D.Thokade for respondent no.5. CORAM : D.G. KARNIK, J DATED : 12th July 2011 P.C. 1. Heard learned counsel for the petitioner and counsel for respondent no.5. None present for respondent nos.2 to 4 though served. Respondent no.1 is deceased and represented by respondent nos.2 to 4. 2. Petitioner challenges the order dated 20 March 2010 passed by the learned District Judge, Solapur allowing the application of the respondent no.5 for being brought on record a legal representative of Abdul Rashid Inamdar. There appears to be misapplication of mind inasmuch Abdul Rashid Inamdar is not 2 WP No.8928/10 deceased and in fact is the petitioner herein. Who has died is Halimabi Abdul Rashid Inamdar i.e. wife of Abdul Rashid Inamdar. In view of this non application of mind, impugned order is set aside and matter is remanded back to the District Court for deciding the application at Exhibit-9 in the appeal afresh after giving an opportunity of being heard to the parties. (D.G.KARNIK, J)