1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3932 of 2008 Shri Sopan Tukaram Phuge .. Petitioner versus Shri Nivrutti T. Phuge(Decd) thru Smt.Chandrabhaga N. Phuge & Anr. .. Respondents ... Mr. Hemant Ghadigaonkar for the petitioner. CORAM : A.M.KHANWILKAR, J DATED : 14th August 2008 P.C.: 1. Heard counsel for the petitioner. 2. The petitioner has no objection if the grandson is made party defendant to the suit which is pending between the petitioner and his brother for partition. However, the only objection of the petitioner is to the mother of the grandson (daughter-in-law of the petitioner) representing the 2 minor as his guardian in the present proceedings. According to the petitioner, the issue of guardianship is already subject matter in proceedings bearing No. 841 of 2006. Even so, the fact remains that the petitioner has no objection for the grandson to be made party-defendant to the partition suit. In that sense, who would espouse the cause of the grandson is a matter which will be subject to the outcome of the aforesaid proceedings. So long as the said proceedings are not finally disposed off, the mother of the minor shall represent the cause of the minor in the partition suit where the minor has been impleaded as party defendant. 3. Petition is disposed off on the above terms. (A.M.KHANWILKAR, J)