1 caf1006 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1006 OF 2007 IN FIRST APPEAL NO.1091 OF 1997 Ms Ayesha Begum wd/of Nawab Mir Sultan Alam Khan & Ors. ...Applicants vs. Nawabzada Bahauddin & Anr. ...Respondents Mr.V.S.Kapre h/f Mr.Vijay Patil for the applicants in C.A.No.1006 of 2007 Mr.G.N.Salunkhe for the legal representatives of appellant no.2 Ms R.C.Nichani for respondent nos. 1 to 4 CORAM : A.S.OKA,J. DATE : FEBRUARY 14,2011 P.C.: 1 Heard the learned counsel for the applicants who are claiming to be the legal representatives of the deceased appellant no.1. Heard learned counsel for the first to fourth respondent. Heard learned counsel for the applicants (legal representatives of the Appellant no.2) in Civil Application no.2398 of 2006. 2 As per the order dated 23 rd November 2007 passed in the C.A.no.1006 of 2007, the learned trial Judge has submitted a report which holds that the applicants in this application are the legal representatives of the deceased first appellant. 3 The submission of the learned counsel for the legal representatives of the appellant no.2 is that there is no dispute that the applicants in C.A.No.1006/2007 are the legal heirs of the deceased appellant no.1 but they are 2 caf1006 not entitled to claim any right in respect of the suit premises as they were not residing in the suit premises at the time of death of the first appellant. 4 Whether the applicants in this application are entitled to claim any right in respect of the suit property is an issue which will have to be decided at appropriate stage. Suffice it to say that as the applicants are admittedly the legal heirs of the first appellant, the said applicants will have to be impleaded as the respondents in the First Appeal in their capacity as legal heirs of the deceased first appellant. 5 Hence, the application is disposed of by passing the following order : i) The applicants in this application shall be added as the respondents in the First Appeal in their capacity as legal heirs of the deceased appellant no.1 ii)The issue regarding entitlement of the said applicants to claim any right in respect of the suit property is expressly kept open which will be decided at the time of final hearing of the appeal. iii)Amendment to be carried out within a period of four weeks from today. JUDGE