FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.8369 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr Dnyaneshwar Deshmukh, for the petitioner. Mr Amit Borkar, for respondent nos 1 to 4. CORAM: D.B.Bhosale,J. DATED: 24.03.2008 P.C.: Heard learned counsel for the parties. By this writ petition, the petitioner has impugned an order dated 13.8.2007 passed by the learned Civil Judge, Senior Division, Kolhapur, rejecting the application filed by the petitioner under section 10 of the Code of Civil Procedure in Misc. Application No.198 of 2005. Misc.Application No.198 of 2005 has been filed by respondent no.1 seeking heirship certificate while Misc.Application No.139 of 2005 has been filed by the petitioner seeking probate. The petitioner and the respondent both pray for probate and heirship certificate claiming to be the heirs/legal representatives of Sevakram Advani, who had executed a Will dated 31.7.2003. According to the petitioner, since the matter in issue in both these proceedings between the parties is same the proceedings in M.A.No.198 of 2005 deserves to be stayed. I perused the impugned order so also the other material placed before me. After having heard learned counsel for the parties, in my opinion, the interest of justice would be served by the following order and that the learned counsel for the parties have fairly stated that I need not record reasons for the same. The concerned learned Civil Judge, Senior Division, Kolhapur, who is seized of both M.A.Nos 139 of 2005 and 198 of 2005, shall hear these applications together and dispose them of as expeditiously as possible and preferably within a period of six months from the date of receipt of this order. All contentions of the parties are kept open. The writ petition is disposed of. (D.B.Bhosale, J.)