1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.450 OF 2009 Shri.Sudhir Nivrutti Nagare .. Appellant V/s Rajendra Bhimashankar Kulthe & Ors. .. Respondents Mr.Sachin Gite for the Appellant. Mr.A.M.Kulkarni for Respondent No.8. CORAM : R.G.KETKAR, J. DATE : 15th June, 2010 P.C. : 1. This appeal is directed against the Judgment and Decree dated 26th November, 2008 passed by the learned 3rd Joint Civil Judge, Senior Division, Nashik in the application filed by the Respondent Nos.1 and 2 u/s.372 of the Indian Succession Act, 1925. 2. Heard Mr.Sachin Dighe, learned counsel for the Appellants and Mr.Kulkarni, learned counsel for Respondent No.8. In the case of Vitthal Ramchandra Mali V/s.Smt.Laxmi Ganpati Mali and Anr., 2006 (4) All M.R.389 this Court has held that u/s.384 of the Indian Succession Act, 1925 appeal lies to the District Judge against the order passed by the Civil Judge, Senior Division in an application u/s.372 of the said Act. The learned counsel for the appellants therefore prays for transmission of this appeal to the District Court at Nashik. 3. In view of the Judgment of this Court in the case of Shri.Vitthal Ramchandra Mali (supra), Registry is directed to transmit the papers of this First Appeal to the learned Principal District Court at Nashik within a period of two weeks from today. 4. After transmission of this appeal proceedings, the learned Principal District 2 Judge will assign the appeal before the appropriate Court for hearing it in accordance with law. Parties are directed to appear before the learned Principal District Judge at Nashik on 12th July, 2010. (R.G.KETKAR, J.)