1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.491 OF 2008 (DASHRATH HIRLAL BIRKHEDE Vs DAMODHAR H. BIRKHEDE & OTH.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ CORAM : R.C.CHAVAN, J. DATED : AUGUST 01, 2008. 1. Heard Shri S.D. Khati, learned counsel for the petitioner, Shri Bhuibhar, learned counsel for the respondents. 2. Both the parties agree that the learned Judge of the executing Court may be directed to consider afresh the applications at Exh.43, 52 and 55 after affording opportunity to tender evidence in support of or to oppose, the will dated 25.01.1978. Both the parties also agree that they would appear before the executing Court on 8th August, 2008. 3. In view of above, the learned Judge shall endaevour to dispose of the applications, in the light of evidence to be tendered, within three months from the date of appearance of 2 the parties. 4. The parties undertake that they would not seek any adjournment, except on the ground of death or physical disability. 5. The petition is disposed of accordingly. JUDGE RR.