((-1-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.82 OF 2005 IN NOTICE OF MOTION NO.3298 OF 2003 IN MISCELLANEOUS PETITION NO.13 OF 1995 IN TESTAMENTARY PETITION NO.598 OF 1990 Ms.Zeenia Darius Jehangir Appellant versus Bhaktawar Lentin and others Respondents Mr.Shyam Diwan with Ms.Lata Bachani i/by I.R.Joshi & Co. for appellant. Mr.H.J.Thakkar, Sr.Counsel with C.N.Mehta for respondent no.4. CORAM : H.L.GOKHALE AND S.C.DHARMADHIKARI, JJ. DATE : 22nd March 2005 PC : 1. Heard Mr.Diwan in support of this appeal. Mr.Thakkar appears for the contesting respondent. Appeal admitted. Both learned counsel are heard. The order passed by learned Single Judge declined to go into the question raised in the motion on the ground that the Originating Summons and Suit were then pending. Now both of them have been decided by learned Single Judge (Kamdar, J.) by ((-2-)) order dated 19th January 2005. In view thereof we set aside this order, allow the appeal and revive the motion which was dismissed by the learned Single Judge. Motion No.3298 of 2003 will stand revived to the Court of learned Single Judge. Appeal is allowed in these terms. 2. Mr.Diwan for appellant submits that some huge amount has been withdrawn by the contesting respondent during the period until the appellant completed 21 years of age. He intends to take appropriate motion before the learned Single Judge. He may do so. All the contentions of the contesting respondent will be available to her when any such motion is taken. (H.L.GOKHALE, J.) (S.C.DHARMADHIKARI, J.)