1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3920 OF 2008 WRIT PETITION NO. 3920 OF 2008 WRIT PETITION NO. 3920 OF 2008 Asha Yashwant Kulkarni & Anr. ... Petitioners (Heirs of origignal defendant) Versus Kuber Narsgonda Patil & Anr. ... Respondents (No.1 - orig. plaintiff NO.2 - heir of Deft.) Mr. C.G.Gavnekar, Advocate,for the petitioners. Mr. R.P.Walvekar, Advocate, for respondent No.1. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 24th November, 2008. DATE: 24th November, 2008. DATE: 24th November, 2008. P.C P.C P.C 1. The petitioners were brought on record as L.Rs. of the original defendant/appellant in Regular Civil Appeal No.262 of 2000 and there they made an application to amend the written statement and take a plea that 2 there was no legal necessity to sell the property by their father. Order XXII Rule 4(2) provides that any person so made a party may take any defence appropriate to his character as legal representative of the deceased defendant. In view of this legal position, the present petitioners as legal representatives of their father could not have amended the written statement. 2. In view of this, the learned counsel for the petitioner seeks to withdraw the petition with liberty to file fresh application before the appellate Court to implead them as defendants in their individual capacity in the suit as well as appeal and to raise this defence. The Writ Petition stands disposed of with the aforesaid liberty. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)