IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.874 OF 1992 APPEAL NO.874 OF 1992 APPEAL NO.874 OF 1992 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders ................................................... ................................................... ................................................... Mr.Ravi Mr.Ravi Mr.Ravi Kadam h/f Mr.V.A.Thorat Kadam h/f Mr.V.A.Thorat Kadam h/f Mr.V.A.Thorat for for for Appellant Appellant Appellant Coram: Coram: Coram: A.S.Oka, J A.S.Oka, J A.S.Oka, J Date: Date: Date: 25th 25th 25th January, 2008 January, 2008 January, 2008 1. 1. 1. The First Appeal takes The First Appeal takes The First Appeal takes exception exception exception to an order dated 31st to an order dated 31st to an order dated 31st January, January, January, 1992 passed by the 1992 passed by the 1992 passed by the learned learned learned Civil Judge, Senior Civil Judge, Senior Civil Judge, Senior Division, Division, Division, Nasik on an application Nasik on an application Nasik on an application made made made for cancellation of for cancellation of for cancellation of succession succession succession certificate granted certificate granted certificate granted under under under section 372 of the Indian section 372 of the Indian section 372 of the Indian Succession Succession Succession Act, 1925. If at all Act, 1925. If at all Act, 1925. If at all the the the appeal against the said appeal against the said appeal against the said judgment judgment judgment and order is and order is and order is maintainable, maintainable, maintainable, the same will lie the same will lie the same will lie to to to the appropriate District Court the appropriate District Court the appropriate District Court in in in the light of proviso to the light of proviso to the light of proviso to sub-section sub-section sub-section 2 of section 388 of 2 of section 388 of 2 of section 388 of the the the Indian Succession Act, 1925. Indian Succession Act, 1925. Indian Succession Act, 1925. Appeal Appeal Appeal has been admitted by this has been admitted by this has been admitted by this Court Court Court on 10th August, 1992. on 10th August, 1992. on 10th August, 1992. Hence, Hence, Hence, office is directed to office is directed to office is directed to transfer transfer transfer the appeal to the the appeal to the the appeal to the appropriate appropriate appropriate District Court along District Court along District Court along with with with the pending Civil the pending Civil the pending Civil Application. Application. Application. The appropriate The appropriate The appropriate District District District Court will issue notice Court will issue notice Court will issue notice to to to the concerned parties of the the concerned parties of the the concerned parties of the date date date fixed for hearing. fixed for hearing. fixed for hearing. Considering Considering Considering the fact that the the fact that the the fact that the appeal appeal appeal is of the year 1992, the is of the year 1992, the is of the year 1992, the District District District Court will give priority Court will give priority Court will give priority and and and will decide the the appeal will decide the the appeal will decide the the appeal expeditiously. expeditiously. expeditiously. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J)