IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL REVISION APPLICATION NO. 53 OF 1998 (M/S. KALPANA MAROTRAO DHANVATEY.. Vs. . SMT. SUMATIDEVI MAROTRAO DHANVATEY & 23 OTHERS) _______________________________________________________________________ _ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri A.C.Dharmadhikari, Advocate for Applicant. CORAM : R.C.CHAVAN, J. DATED : APRIL 17, 2009. 1. Learned Advocate Shri A.C. Dharmadhikari states that he has already returned brief to the applicant long ago. 2. None appears for the applicant. 3. Call the matter again at 2.30 p.m. today itself. LATERON ( AT 2.30 P.M.) 4. None for the parties even on second call. 5. This revision is directed against order passed by learned Civil Judge Senior Division, Nagpur below Exh.49, whereby he rejected applicant/ original defendant No.17's application. However, at the same time he held that the suit was maintainable as far as rest of the property apart from that covered by the Will in respect of which Probate No.43/1996 was pending. The applicant/ plaintiff seeks quashing and setting aside of the findings arrived at by the learned Judge that the suit to the extent of properties covered by the Will is not maintainable. It has to be seen from the impugned order that the learned Judge had simply rejected the application of defendant No.17. He had not allowed it partly to the extent of some property. Observations in the order would not govern operative order passed by the learned trial Judge. He had merely observed in respect of certain properties but had not said that those were to be excluded. The application by defendant No. 17 raised challenge to the jurisdiction of the Court itself and the Court held that it has jurisdiction. 6. In view of this, Civil Revision Application has to be rejected, since it is not clear as to how the impugned order can be called erroneous. JUDGE RR.