1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 644/2008 (Prakash Krishnarao Diwale & another VERSUS Smt.Malti wd/o Krishnarao Diwale & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Shri V.S. Kukdey, counsel for the petitioners. Shri Khati, counsel for the R-2. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 22, 2008. Heard the learned counsel for the parties. By this writ petition, the petitioner challenges the order passed by the trial Court rejecting an application filed by the petitioner for condonation of delay in filing the application for bringing the legal heirs of deceased respondent no.1 on record and also an order of disposing of the suit as abated. It is rightly pointed out on behalf of the respondent that the petitioners could have very well challenged those orders in an appeal against the order under the provisions of Order 43 Rule 1(k) of the Code of Civil Procedure and could not have invoked the jurisdiction of this Court under Article 227 of the Constitution of India. 2 Since the petitioner is entitled to file an appeal against the order in view of provisions of Order 43 Rule 1(k) of the Code of Civil Procedure, the writ petition is dismissed with no order as to costs. JUDGE APTE