1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4852/2009. ( Smt. Devendara C. Gedam . -: versus :- Smt. Sushila C. Gedam ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 11, 2009. Heard Shri D.C. Chahande, learned counsel for petitioner. The Original Defendant no.1 has challenged order dated 25.09.2009, whereby the learned trial Court has found that, after death of defendant no.2, the right to claim share in the dues of deceased do not survive and has therefore, allowed the application filed by the respondent / plaintiff, seeking exemption from bringing legal heirs of deceased defendant no.2 on record. Learned counsel for petitioner argues that if defendant no.1 [present petitioner] also expires, there will be no body to look after the litigation. The arguments are misconceived. The defendant no.1 has not demonstrated as to how any prejudice is caused to her plea in Civil Suit, because of the impugned order. If there are any legalheiers of deceased defendant no.2 and they are not on record, it is 2 apparent that the result of the litigation may not be binding upon them. I am therefore, not inclined to interfere in the matter in writ jurisdiction. Writ Petition is dismissed. No costs. JUDGE Rgd.