FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 1172 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri H.V. Tungar, learned counsel for the appellant and Shri B.N. Patil, learned counsel for the respondents. This appeal is directed against the judgment and award dated 31.1.2009, passed by the learned III Joint C.J.S.D. Latur in Civil Misc. Application No. 146 of 2004. The said application was filed under Section 372 of Indian Succession Act, 1925. There is consensus between the learned counsel appearing for the parties that against the order passed by the learned Joint C.J.S.D. Latur, the appeal is competent before the District Judge, Latur, as per Section 388 of the Indian Succession Act, 1925. In view of this, the appeal is transmitted to the learned District Judge, Latur for disposing of the same in accordance with law. Office is directed to transmit the papers, within four weeks from today to the District Court, Latur. After receipt of the papers, the learned District Judge shall issue notices to the parties for appearances and thereafter decide the same in accordance with law. Office to send the record and proceeding of the case. (R.G. KETKAR, J.) Date:15.12.2009. rlj/