(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.879 OF 2009 IN WEALTH TAX REFERENCE NO.6 OF 1994 Shri P.M.Mistry (Deceased) by the Executor of His Estate Mr. K.M. Mistry ....Appellant Vs. The C.W.T. Bombay III .....Respondent Ms. Jyotsana Kondhalkar i/b. Vigil Juris for the Appellant. Mr. P.S. Sahadevan, for the Respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE, JJ. R.S.MOHITE, JJ. R.S.MOHITE, JJ. DATED: 20TH MARCH, 2009 DATED: 20TH MARCH, 2009 DATED: 20TH MARCH, 2009 P.C.: P.C.: P.C.: . The Motion is taken out by a person who is not party in the proceedings though he claims as legal heir.Such a Motion is not maintainable unless and until he applies to be brought on record as a legal heir. . Considering the above, Motion dismissed. However, it will be open to the Applicant to apply for being brought on record as legal representative and also take out Motion for setting aside the order of dismissal as also for condonation of delay, if any. With the above observation Motion disposed of. (R.S.MOHITE, J.) (F.I.REBELLO,J.) (R.S.MOHITE, J.) (F.I.REBELLO,J.) (R.S.MOHITE, J.) (F.I.REBELLO,J.)