IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.506 of 2009. FIRST APPEAL NO.506 of 2009. FIRST APPEAL NO.506 of 2009. Vishal Suresh Thorat ..Appellant versus The State of Maharashtra ..Respondent Ms.Parasnis for the appellant None for the respondent CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 4th May, 2009. DATED : 4th May, 2009. DATED : 4th May, 2009. P.C. 1. The appellants filed Misc. Application No.71 of 2008 in the Court of District Judge 2, and Addl. Sessions Judge, Baramati, so as to seek permission to dispose of certain properties, which according to the appellant was required for the benefit of minor Vishal. The learned District Judge 2, by his Order dated 16.12.2008 dismissed the said application. Against that Order this first appeal is filed. 2. I have heard learned Advocate Ms. Parasnis for the appellant. Having considered the judgment dated 16.12.2008 on factual aspects, the learned District Judge 2, was right in rejecting the said application. Hence this appeal cannot be admitted -2- and is required to be dismissed on merits so far as Order dated 16.12.2008. 3. Across the bar, learned Advocate Ms. Parasnis submitted that the appellant would like to investigate the entire matter fresh and if found proper and necessary a fresh application for disposal of the property would be filed. Liberty to that extent can be granted. Hence the Order. ORDER i. First Appeal is dismissed with no Order as to costs, as no interference is required in the impugned Order. ii. If the appellant intends to file fresh application so as to dispose of the properties owned by the minor Vishal, the appellant is free to do so and said application shall be considered on merits. The learned District Judge 2, or any other Judge to whom the said application will be assigned will not consider the Order dated 16.12.2008 against the appellant. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) -3-