1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5603 OF 2009 IN FIRST APPEAL NO. 1256 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Shri. S.V. Gangapurwala, Advocate for the appellant. Shri. K.C. Sant, Advocate for respondent No. 1. CORAM: R.K. DESHPANDE, J. DATED: 3rd August, 2009. P.C.: 1. By this application, the appellant prays for stay to the effect of operation of the judgment and order dated 6.3.2009, passed by the learned Civil Judge, Senior Division, Dhule, pending the decision of the instant appeal. 2. By the order impugned the learned Judge of the trial Court has revoked the grant of probate order dated 22.8.2008 and has further directed that the probate petition be restored at its original stage for taking further proceedings. 3. The question involved in this application is whether the learned Judge of the trial Court is right in revoking the order dated 22.8.2008 . Looking to the nature of the controversy, in my opinion, the proceedings before the trial Court can go on as per the judgment and order dated 6.3.2009. However, at the stage of commencement of final hearing of the proceedings, 2 the parties shall be at the liberty to move this Court for grant of stay to delivery of the judgment or to explore the possibility of hearing of the instant appeal before the date of deciding the probate proceedings. 4. The civil application, therefore, stands disposed of with liberty as above. [R.K. DESHPANDE, J.] ssc/ca5603.09