1 ca1567-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1567 OF 2010 IN FIRST APPEAL NO.1130 OF 1995 (Jethmal Vs.Deepak) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.N.P.Shimpi, for applicants. CORAM : R.G.KETKAR,J. DATE : 17 th AUGUST, 2010 P.C. Heard Mr.N.P.Shimpi, learned counsel for the applicants. 2] By this application, the applicants pray for calling of Record & Proceedings of the Misc. Application No.303 of 2009 pending before the learned District Judge, Pune. Initially, the applicants had filed first appeal in this court which was transmitted to the District Court, Pune on the ground of pecuniary jurisdiction. After transmitting the First Appeal to the court of the District Court, Pune it was re-numbered as Civil Appeal No.224 of 2001. In that appeal, the applicants took out Contempt Misc. Application No.303 of 2009. Subsequently, the Record and Proceedings of the Civil Appeal No.224 of 2001 was called from the District Court as per the judgment of the Division Bench of this Court in Civil Application No.5500 of 2004 in First Appeal No.620 of 1994 (Nagpur Bench). 2 ca1567-10.sxw The applicants, therefore, pray that since the Record & Proceedings of the Appeal is received from the District Court, the Record & Proceedings of the Misc. Application No.303 of 2009 pending before the District Judge, Pune may also be called for. 3] After hearing learned counsel for the applicants and considering the fact that the Record & Proceedings of the Civil Appeal No.224 of 2001 has already been called for, Civil Application is allowed in terms of prayer clause (c). List the Appeal for direction on 10 th September, 2010. [R.G.KETKAR, J.]