1 ca 7633.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7633 OF 2010 IN WRIT PETITION NO. 6346 OF 2008 Mangala W/o Narayan Deshmukh, Died through her Legal Representative Pramod @ Purushottam Bhalchandra Kenge .. Applicant Versus Smt. Vandana w/o Vasant Kulkarni .. Respondent Shri A. M. Gholap, Advocate for the Applicant. Shri N. V. Gaware, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 10TH JUNE, 2011. PER COURT : . This is an application for bringing on record the legal heir of deceased respondent No. 17 on record. The applicant claims to be a testamentary successor of the respondent No. 17 on the ground that the respondent No. 17 has executed will dated 08th February, 2001 in his favour and the deceased deceased respondent No. 17 did not have any natural legal heir. 2 ca 7633.10 2. Shri Gaware, the learned counsel submits that the petitioner has filed an affidavit disputing said will itself as the respondent No. 17 died issuless. In such circumstances the present applicant who is not the legal heir cannot be impleaded. The learned counsel submits that even the applicant has not obtained the probate. When the genuineness of the will itself is in dispute, the applicant cannot be impleaded as a legal heir of deceased respondent No. 17. 3. In the present matter, this Court would not be concerned with the genuineness of the will. When no other legal heir of deceased respondent No. 17 has come forward, the enquiry would be required if there is dispute amongst the persons claiming to be legal heirs of the deceased. The legal heir is required to be added only for the purpose of defending the cause and no other purpose. As such, without giving any finding on the alleged will, the present application is allowed and the applicant is allowed to represent the cause of respondent No. 17. The necessary amendments be carried out within 14 days from today. The civil application is disposed of. [ S. V. GANGAPURWALA, J. ] bsb/June 11