1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.4298 of 2009 (Smt. Pramila G. Dhande and others v. Govinda S. Bulbudhe and others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R.P. Thote, Advocate for Petitioners. Shri B.C. Pal, Advocate for Respondent No.30. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 14, 2009. Heard finally. During hearing, it transpired that some of the legal heirs of deceased original plaintiff Mahadeo are already on record. The original plaintiff has filed suit for declaration on the basis of possession. According to present respondent No.30, possession has been taken by the legal representatives of deceased original plaintiff Mahadeo by misleading the Trial Court after obtaining order of temporary injunction. The learned counsel for the petitioners is disputing this position. The suit is of the year 2008 and as some of the plaintiffs are already on record, it has proceeded further. The suit is made time-bound by this Court. In these circumstances, it is apparent that the suit is not required to be re-heard merely because the legal representatives are allowed to be brought on record. 2 In the circumstances, the following order is passed by consent. The impugned order dated 18-8-2009 passed below Exhibits 134, 138 and 141 in Regular Civil Suit No.2 of 2008 on the file of Civil Judge, Junior Division, Mauda, is hereby quashed and set aside. The petitioners are permitted to come on record as legal representatives of deceased heirs Ganpat Mahadeo Dhande, Bhagwan Mahadeo Dhande and Prabhadevi Murlidhar Bhiwgade. Necessary amendment be carried out by 15-12-2009. Because of amendment, it will not be necessary to give any opportunity to lead any evidence to the legal representatives or to cross-examine the witnesses examined by other side. After the legal representatives are brought on record, the Trial Court shall proceed further with the recording of evidence of defendant No.16 (present respondent No.30), as scheduled. The matter is already made time-bound and the Trial Court shall attempt to decide it accordingly. If the legal representatives are not brought on record by 15-12-2009, the Trial Court shall proceed further in their absence. The writ petition is accordingly partly allowed. Hamdast allowed. JUDGE 3 pdl.