hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 747 OF 2008 CRIMINAL WRIT PETITION NO. 747 OF 2008 CRIMINAL WRIT PETITION NO. 747 OF 2008 Shantabai Gulam Pawar ... Petitioner Versus The State of Maharashtra ... Respondent Mr. R.N. Gite for the Petitioner. Mr. P.S. Hingorani, A.P.P. for State. CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. DATED: OCTOBER 01, 2008 DATED: OCTOBER 01, 2008 DATED: OCTOBER 01, 2008 P.C. P.C. P.C. . This is a petition by way of habeas corpus. It is the contention of the Petitioner that Shri. Ananda Pahadsingh Jadhav, a brother of Petitioner has not been heard of for last more than 10 to 15 years. Yet in the Civil suit filed by the Petitioner herself before the Civil Judge, Junior Division, Satana, District Nashik being R.C.S. No. 93 of 1996 it has been held that he is alive and consequently the present petition. . The judgment of the learned Civil Judge has been annexed to the Petition. We find that while answering issue No. one in the said suit, it is observed by the lower court that an application for intervention was made on behalf of this very brother and that application was allowed and he was allowed 2 to be added as party with the consent of the Petitioner herself. It is in these circumstances, the issue that Ananda Jadhav is dead, as he has not heard for more than seven years, was answered in the negative. It is always open to the Petitioner to prefer an appeal against the said order. In our opinion, the Petition of habeas corpus in these circumstances, more specifically, when the Petitioner herself allowed her brother to be impleaded as party, in her own suit, would not lie. Hence, Petition rejected. (A.A. KUMBHAKONI, J.) (A.A. KUMBHAKONI, J.) (A.A. KUMBHAKONI, J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.)