1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3889 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R.D. Soni i/b Ram & Co. for the petitioners. CORAM : D.G. KARNIK, J. DATE : 8TH JUNE 2010 P.C. : 1. Heard. 2. This application is directed against an interlocutory order. The defendants applied for amendment of the issues and suggested six additional issues. The court framed some of the additional issues while declining to frame other issues. Learned counsel for the petitioners restricts his arguments as regards framing of issue no.4 as suggested in the additional issues. 2 Issue no.4 reads thus: “In view of the death of plaintiff no.1 Hirabai Shinde, whether legal representatives are brought on record after her death?” Perusal of the copy of the plaint produced at Exhibit-A to the petition shows that the three heirs of the deceased Hirabai were brought on record. The issue, as suggested, was not to the effect: Whether Mr. Ranjit Ratnakar and two others, who were brought on record, were the legal heirs of the deceased. 3. Since the heirs were already brought on record, the issue as suggested did not arise at all. The writ petition is accordingly rejected summarily. (D.G. KARNIK, J.)