1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1486 OF 2009 IN WRIT PETITION NO.5094 OF 2006 _____________________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Mr.Rahul More i/b Uday Warunjikar for the applicant. Mr.Ramesh A.Karote i/b A.S.Patil for respondent no.1. CORAM : D.B.BHOSALE, J. DATED : 18TH SEPTEMBER, 2009 P.C. :- 1. Heard learned counsel for the parties. 2. By this civil application the applicant has prayed for allowing him to be substituted in the place of the sole petitioner, who died during pendency of the writ petition. Mr.Karote, learned counsel for respondent no.1 submitted that the applicant is not a legal representative of the deceased petitioner and that he is claiming right and interest in the property on the basis of the alleged Will of which he has not obtained probate so far. He, therefore, submitted that the applicant is 2 not entitled to be substituted in place of the petitioner in the writ petition. After having considered the submissions of learned counsel for the parties, I am allowing the applicant to be substituted in place of the deceased petitioner only to represent her in the writ petition and to protect her interest in the property. Insofar as the issue of heirship is concerned, it is kept open to be decided in appropriate proceedings. 3. In the circumstances this civil application is allowed in terms of prayer clause (a). The applicants to carry out amendment within a period of ten days from today. Application is disposed of. (D.B.BHOSALE, J.)