1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.45 of 2008 IN Petition No.814 of 1999 Smt.Kusum Mangesh Hatalkar. .. .. Petitioner v/s. Suman Umakant Dharadhar & anr. .. Respondents/ Applicants Mr.J.S. Kini i/by S.S.Faidhisda for petitioner. Mr.N. Kambli i/by Mr.A.M. Saraogi for applicants. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 2nd May 2008 P.C. : 1.This application is taken out to recall and set aside the Judge' s order dated 6.7.2007 and for other ancillary reliefs. 2.Under the Judge's order dated 6.7.2007, liberty is granted to the petitioner to sell the property of the deceased at Anandi Vishwa, R.S. Marg, Revenue Village, Chendani, Thane, as per Schedule-B for a consideration of Rs.17 Lacs on as is where is basis. The property has been sold pursuant to the said Judge' s order. The affidavit-in-reply to this Notice of Motion shows a registered Deed of Sale dated 10.8.2007. 2 3.The applicants claim to be the heirs of the deceased by virtue of being daughters of Umakant Dharadhar. The applicants have not given the exact relationship of the said Umakant with the deceased. The respondents' Advocate states that he was the brother of the wife of the deceased. The applicants claim to be the grand daughters of the deceased upon their statement that the deceased was their grand father. There is nothing to show the said relationship which can be shown only by virtue of the birth certificates and such other documents. 4.The applicants have filed a Petition for revocation of the grant which has been rejected. Consequently, the claim of the applicants upon the relationship with the deceased that they claimed has already been rejected by this Court and cannot be re-adjudicated. 5.The applicants have alleged fraud in paragraph 8 of the affidavit-in-support of the application. The applicants must sue upon the fraud. The applicants had already filed a suit in this Court which has been withdrawn. The applicants have, therefore, sued the respondents in the District Court at Thane. The claim of the applicants can only be adjudicated 3 and proved in the said suit. Before such adjudication, no order can be passed recalling the order on the Judge' s summons. 6.The Notice of Motion is dismissed. [SMT.ROSHAN DALVI, J.]