kbp 1 6595-07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6595 OF 2007 Smt.Manikbai Suganchand Bamb and ors. ..Petitioners Vs. Ramesh Mohanlal Chordia and ors. ..Respondents ......... Mr.Ms.Asha Bhambwani, for petitioners. Mr.R.D.Soni i/b.M/s.Ram and Co., for respondent nos.1 to 7. ......... CORAM : A.S.OKA, J.. DATE : 1 st OCTOBER, 2009. P.C. : 1] This petition arises out of an order passed by the trial court on an application made for grant of heirship certificate under the Bombay Regulation VIII of 1827. The said application has been made by the first respondent herein. The present petitioners made an application on seeking impleadment as party opponent in the said application. By the impugned order, the application has been rejected. Learned counsel for the petitioners submitted that even assuming that the petitioners could not have been impleaded as parties under Clause 4 of the Regulation the objection contained in the application made by the petitioner ought to have been considered by the trial court. 2] I have considered the submissions. It is not in dispute that now the application made by the first respondent is at the stage of hearing final kbp 2 6595-07.sxw arguments. By the vary nature of proceedings under Regulation VIII of 1827 the order passed in the proceedings does not conclusively decide the rights of the parties and notwithstanding the grant of heirship certificate a person who is claiming to be the legal representative of the deceased or a person who is claimed to be having right, title and interest in respect of the property subject matter can file a suit. If such a civil suit is filed the findings recorded in the application for grant of heirship will not bind the Civil Court and the Civil Court will require to decide the suit independently. The observations made in the impugned order cannot be construed to be that the right of the petitioner have been decided. The only effect of the impugned order is that the prayer made by the petitioners for impleading themselves as parties to the application has been rejected considering the limited scope of the adjudication, as the application is at the stage of final hearing it will not be proper to interfere at this stage in writ jurisdiction of this Court Article 227 of the Constitution of India. Even, assuming that the heirship certificate is granted, that will not preclude the petitioners from filing civil suit and from establishing their rights. 3] Subject to what is observe above, the writ petition is disposed. ( A.S.OKA, J. )