: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.196 OF 2009 ALONGWITH CIVIL APPLICATION NO.167 OF 2009 Krupali Hiren Rajani & Anr. .. Applicants V/s. Manish Niranjan Rajani & Ors. .. Respondents Mr. N.V. Gangal for the Applicants. Mr. V.P. Sawant i/b. Mr. Subhash Jadhav for Respondent Nos.1 and 2. Mr. S.M. Shettigar for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATED : 5 TH MARCH, 2010. P.C.: 1. The applicants have moved this Court against the order passed by the Court of Civil Judge, Senior Division, Palghar on 18th April, 2009 below Exhibit-32 in Special Civil Suit No.436 of 2007. The trial Court has by this order held that the applicants have no locus standi to file the application and, therefore, rejected the application. 2. In my view, the trial Court has not committed any error by rejecting the application. It was : 2 : necessary for the applicants, who claim that they have a Will which is executed in their favour by their grand father, to produce that Will before the trial Court to show that they have a right to be heard. 3. In view of this position, the Miscellaneous Civil Application is dismissed. 4. In the event, the applicants do file an application for a probate of the alleged Will of their grand father, under which they claim to be the beneficiaries, the application shall be heard alongwith the application which has been filed by respondent Nos.1 and 2. 5. In view of the above, Civil Application No.167 of 2009 pending in the Miscellaneous Civil Application does not survive and the same is dismissed as infructuous.