.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2189 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.Sandesh Deshpande for the appellant. CORAM : D.G. KARNIK, J. DATE : 2ND DECEMBER 2008 P.C. P.C. P.C. : 1. Heard. 2. This appeal is directed against the judgment and order dated 30th June 2005 passed by the Joint Civil Judge, Senior Division, Nashik. The order was passed by the Civil Judge, Senior Division as a delegate of the District Judge exercising powers under section 388 of the Indian Succession Act, 1925 (for short "the Act"). By reason of proviso to sub-section (2) of section 388 of the Act, the appeal lies to the District Court and not to the High Court. Hence, the appeal is dismissed as not maintainable in this Court. (D.G. KARNIK, J.)