/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.125 OF 2008 IN WRIT PETITION NO.715 OF 2008 Ramesh Vijay Pandit ...Petitioner vs. Smt. Ratnaprabha S. Pandit & Anr. ...Respondents Shri S.S. Pathak for the Appellant CORAM: SWATANTER KUMAR, C.J. & V.M. KANADE J. DATED JUNE 18, 2008 P.C. 1. We have heard the Learned Counsel appearing for the Appellant. Vide Exhibit 149 in Regular Civil Suit No.53 of 2000 an application had been filed on behalf of the Plaintiff in the suit to bring the legal representative of the deceased Defendant No.5 on the record, who died on 28th August, 2004. This application was filed and contested by the Non-Applicant Appellant to the present Appeal. However, by a detailed order the Learned Trial Court allowed the application subject to payment of cost and condonation of delay in filing the application to bring the legal representative of the deceased Defendant No.5 on record. This order was challenged by way of Writ Petition under Article 226 and 227 of the Constitution of India. However the Learned / 2 / Single Judge found that there was no error of jurisdiction or otherwise in the order dated 6th December, 2002 and dismissed the writ petition by order dated 11th February, 2008. Being aggrieved by the said order the Appellant has filed the present Appeal. At the outset, we may state that discretion has been exercised by the Learned trial court in passing a order dated 6th December, 2002 which discretion is found to be correctly exercised by the Learned Judge. In view of this in our view we do not see any reason to interfere with order passed by the Trial Court. No prejudice has been caused to the present Appellant inasmuch as the legal representatives have been brought on record and all contentions and rights have been kept open. We may also state that the present suit is for partition of the properties which are jointly owned by the parties. The Appeal accordingly is dismissed under the circumstances there shall be no order as to costs. CHIEF JUSTICE V.M. KANADE