1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION APPEAL (L) NO. 733 OF 2008 IN NOTICE OF MOTION NO. 62 OF 2005 IN PETITION NO. 1220 OF 1998 Jethibai Bhagwandas Parmar .. Appellant Vs. Sangeeta Motilal Parmar .. Respondent Mr. Pankaj S. Shah for appellant. CORAM: B. H. MARLAPALLE & C. L. PANGARKAR, JJ. January 27, 2010. P.C. Heard the learned counsel for the appellant. In Testamentary Petition No. 1220 of 1998 the learned trial Judge passed an order on 24/2/2005 and Notice of Motion No. 62 of 2005 was filed subsequently praying to recall the said order. The learned Single 2 Judge by the impugned order dated 21/7/2006 dismissed the Notice of Motion. The learned Single Judge noted that while praying to recall the order dated 24/2/2005, serious allegations were made against the learned Advocate concerned and that too without serving him any notice. Under these circumstances, the learned Judge held that such allegations could not be accepted. We have noted that the order dated 24/2/2005 specifically states that it was passed at the request of counsel for both the sides directing the Medical Director, Jagjivanram Hospital, Mumbai Central, Mumbai to deposit with the Registry of this court the amount lying with the said Hospital and payable to the deceased Shri Motilal Bhagwandas Parmar within four weeks from the receipt of the order. The learned Single Judge directed that on deposit of such amount, 50% of it would go to the petitioner and remaining 50% would go to the respondent. We do not find any error in the order dated 21/7/2006 so as to entertain this appeal and, therefore, this appeal must fail at the threshold. 3 The appeal is hereby dismissed in limine. (C. L. PANGARKAR, J.) (B. H. MARLAPALLE, J.)