1 ca-949-10 in sa-437-06 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.949 OF 2010 IN SECOND APPEAL NO.437 OF 2006 Sadashiv Ganpati Kabade (since deceased) through his legal heirs ..Applicants Vs. Rajaram Naikaba Gavali & Anr. ..Respondents Mr. Uday P. Warunjikar for the Applicants Ms Leena Patil i/b Mr. P.M.Pradhan for the Respondents Coram: R.M. SAVANT, J. 30th August, 2010 P.C. 1 This Civil Application has been filed for clarification of the order dated 8th August 2008 passed in Civil Application No.704 of 2006, by which order, the Respondent No.2 herein one Manoj S. Kabade was allowed to be brought on record as an heir of the original Plaintiff Sadashiv who was the Respondent No.1 in the Second Appeal. The Applicants are the wife and daughter of the original Plaintiff Sadashiv G. Kabade and by this Civil Application, are questioning the status of the Respondent No.2­ Manoj as being the heir of the said Sadashiv. The above Second Appeal has been dismissed on 12th January 2010. 2 ca-949-10 in sa-437-06 2 It is the case of the Applicants that the said Manoj is the step brother of the original Defendant No.1 Rajaram who was the Appellant in the above Second Appeal and it is on account of the collusion between the two that the said Manoj was brought on record as an heir of the said Sadashiv. 3 Be that as it may, in my view it is not necessary to go into the controversy as to whether Manoj is the bonafide heir of the said Sadashiv in the above Civil Application. However, by making it clear that if substantive proceedings are filed by the Applicants to question the status of Manoj being the heir of the said Sadashiv, the said proceedings would be tried on their own merits and in accordance with law and the fact that Manoj was brought on record as an heir of the said Sadashiv in the above Second Appeal would not come in the way of the Applicants from prosecuting the said proceedings. 4. With the aforesaid observations, the Civil Application is disposed of. (R.M.SAVANT, J.)