1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODG) NO.146 OF 2011 IN NOTICE OF MOTION NO.3537 OF 2010 IN SUIT NO.48 OF 1957 1.Gopal Shumsher Rana. ...Appellant vs. 1.Lt.General Shridhar Shumsher Bahadur Rana & Ors. ....Respondents --- Mr.Y.V.Sanglikar with D.R.Singh i/b. K.N.Kandekar, for Appellant. Mr.Sarosh Bharucha with Ms.Vijaylaxmi Kulkarni i/b. Nanu Hormasjee & Co., for Respondent no.1. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 22nd June,2011. P.C.:- Not on Board. Mentioned. 1. Admit. Heard finally by consent of the parties. 2. The reasons given by the learned Single 2 Judge for rejecting the Notice of Motion are totally unacceptable and suffer from non application of mind to law and facts. The suit is for partition in which a preliminary decree has been passed by consent of the parties. The Notice of Motion is taken out in a pending suit, therefore, there is no question of the relief sought by the Notice of Motion being time barred. The appeal is, therefore, allowed. The order impugned is set aside. The Notice of Motion is remitted back to the learned Single Judge for denovo consideration and decision in accordance with law. (D.K.DESHMUKH, J.) (R.G.KETKAR,J.) ---