1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1366 OF 2010 IN SECOND APPEAL NO.651 OF 1998 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.M.S.Kadu for the applicant. Mr.S.M.Kamble for the respondent. CORAM : D.B.BHOSALE, J. DATED : 13/10/2010 PC: 1. Heard learned counsel for the parties. 2. By this civil application, the applicant has prayed for bringing his name on record by deleting the name of original appellant – Janice Paticia Mary Smith, who died on 17.3.2010. Learned counsel for the applicant submits that the deceased – Janice Paticia Mary Smith has bequeathed the suit property to the applicant by registered Will dated 31.7.2007. He further submits that the applicant has already applied for probate. In view thereof this civil application is allowed in terms of prayer clause (a) to enable the S 2 applicant to represent the deceased appellant in the appeal. Insofar as the rights of the applicant on the basis of Will are concerned, they will be considered at the stage of final hearing of the appeal and only if he obtains probate till then. Civil application is, accordingly, made absolute. Amendment to be carried out within a period of two weeks from today. Insofar as the rights of the applicant are concerned, all contentions of the respondents are kept open. (D.B.BHOSALE, J.)