JUDGMENT - A.M. KHANWILKAR, J.:---This petition, under Article 227 of the Constitution, takes exception to the order passed by the 4th Joint Civil Judge, S.D., Kolhapur dated 4-11-1993 below Ex. 67 in Misc. Civ. Appln. No. 217 of 1986.

2. The said application was moved by the respondent No. 1 herein, Sow. Vimal Babasab Killedar, being legal heir and representative of Smt. Manjulabai w/o Balwant Gaikwad, for impleading her in the main petition (Ex. 1) as the legal heir of the opponent No. 1 therein, viz. deceased Manjulabai Balwant Gaikwad, who had expired during the pendency of the main proceedings. The main proceedings, are stated to be still pending before the Civil Judge, S.D., Kolhapur, being M.C.A. No. 217 of 1986, instituted by the present petitioner, claiming for probate under section 276 of the Indian Succession Act, being the legatee under the Will dated 23-10-1985 executed by Nanibai the second wife of deceased Balwant Gaikwad. The main petition was contested by Manjulabai, the first wife of Balwant Gaikwad. However, as aforesaid, Manjulabai died during the pendency of the main proceedings. The respondent No. 1 herein Vimal Babasab Killedar asserts that she has been made l

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