ASN 1 Appeal(L)-49.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO.49 OF 2011 IN MISC. PETITION NO.49 OF 2010 IN TESTAMENTARY PETITION NO.402 OF 2004 Ujwala Raje Shah. ..Appellant. Vs. Snehlata Ghorpade and anr. ..Respondents. Mr. Karl Tamborly, Mr. Darush Marfatia and Ms.Anusha Jagdeesh i/by by Bharucha and Partners for the Appellant. Mr. Mukesh Vashi i/by M/s. M.P. Vashi & Associates for the Respondents. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. Friday, 11 th February, 2011 PC : This appeal is directed against the order dated 13th December, 2010 passed by the learned Trial Judge of this Court. 2 The learned counsel for the parties state that this appeal be taken up for final disposal today. 3 Heard the learned counsel for the parties. Both the parties sought to set aside the impugned order dated 13th December, 2010 by which the learned Trial Judge disposed of the Misc. Petition No.49 of ASN 2 Appeal(L)-49.sxw 2010. They also prayed for setting aside the order passed in Revocation Petition No.49 of 2010 and that they be heard by the Trial Court without being influenced by the observations made in the impugned order dated 13th December, 2010. 4 The learned counsel for the parties agree that no reasons be assigned for setting aside the impugned order. In view of the above, order of the learned Trial Judge in Misc. Petition No.49 of 2010 is set aside and the Revocation Petition No.49 of 2010 shall be heard on merits without being influenced by the observations made by the learned Trial Court in Misc. Petition No.49 of 2010. Misc. Petition No.49 of 2010 shall be heard along with Testamentary Suit No.100 of 2010 and Suit No.3477 of 1996. 5 It is clarified that that the issues framed by the learned Trial Judge as set out in order shall remain as they are. We further clarify that the directions given by the learned Trial Judge in paragraph 8 to 11 of the impugned order setting out the modalities in Testamentary Suit shall continue to operate. However, the order in paragraph 12 is set aside. The observations made in paragraph Nos. 1 to 7 of the impugned order shall not be taken into consideration while deciding the above proceedings. The appeal is accordingly, disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.