1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 167 OF 2009 AGAINST FIRST APPEAL NO. 443 OF 2009 WITH CIVIL APPLICATION NO. 199 OF 2009 Kavita Madhavdas Nagpal ........Appellant versus Maneckswhaw Fakirji Vajifar (deceased) & ors ........Respondents. Mr. Rajiv patil i/b. Anand S. Kulkarni adv. For the appellant. Mr. Mandar Limaye adv. For respondent no.3. CORAM: J. N. PATEL Acting. C.J. AND B. R. GAVAI, J. DATED : 14th January, 2010. P.C.: 1. In view of the judgment of the Apex Court in Rahul Sharad Awasthi Vs. Ratnakar Trimbak Pandit & ors reported in 2004(3) Mh.L.J. 706, the present LPA would not be tenable in law. The same is therefore dismissed. 2. In view of the dismissal of the LPA, civil 2 application does not survive and the same is also dismissed. (Acting. C. J.) (B.R. Gavai, J.)