mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5979 of 2008 Rajendra S. Ghogare .. Petitioner versus Smt.Gangubai M. Ahiwale .. Respondent ... Mr.Vivek Salunkhe for the petitioner. CORAM : A.M.KHANWILKAR, J DATED : 20th August 2008 P.C.: 1. Heard counsel for the petitioner. 2. The Court below has rightly rejected the application preferred by the petitioner. The question of keeping the claim proceedings in abeyance in the fact situation of the present case does not arise. This is so because the claim was not only by person who claimed to be the wife of the deceased but also the parents of the deceased. Assuming that the petitioner is justified in contending that the wife of the deceased will not be entitled for any relief as she is not legally wedded wife and her claim would be subject to the outcome of heirship proceedings, even so the claim will have to proceed in any case as regards the parents of the deceased. 3. In that sense, the question of keeping the enquiry in abeyance does not arise. Hence, this petition is dismissed by clarifying the position that even if final order is passed in the claim pending before the Tribunal, the claim of person claiming to be the wife of deceased will be subject to the heirship proceedings filed by the concerned party if any. . Ordered accordingly. (A.M.KHANWILKAR, J)