1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1387/2010 Rajendra @ Rajesh Nagnath Bhusawar -: VERSUS :- Vitthal Govind Chakkarwar and others. 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 : AUGUST 17, 2010. Heard Shri N.S. Khandewale, learned Counsel for Petitioner, Ms. Vishaka Bokare, learned Counsel for respondent no.1 and Shri K.S. Narwade, learned Counsel for respondent nos. 2,4,5 and 7. Learned Counsel for petitioner has stated that respondent no.1 is the contesting respondent and he has appeared and filed reply. Hence with consent of the parties, the matter is taken up for admission. The trial Court has found that the application was moved belatedly and to delay the disposal of Regular Civil Suit No.47/2006. Ms. Bokare, learned Counsel for respondent no.1 has invited attention to the reply and supported the order. 2 The application under Order I Rule 10 of Code of Civil Procedure has been moved belatedly and Succession, even according to the petitioner opened on 07.08.1983. Even if it is presumed that the applicant is legal heir and he has got some share in the properties involved, as he is not party to the proceedings, no prejudice can be caused to him. Hence, I am not in a position to interfere with the discretion exercised by the Trial Court. With liberty to petitioner to take appropriate steps as available to him in law, Writ Petition is disposed of, with no order as to costs. JUDGE Rgd.