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. CIVIL CIVIL CIVIL APPLICATION NO.3761 OF 2001. APPLICATION NO.3761 OF 2001. APPLICATION NO.3761 OF 2001. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.9268 OF 1995. APPEAL (ST) NO.9268 OF 1995. APPEAL (ST) NO.9268 OF 1995. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Ms Mhaispurkar for the Applicant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 28th February, 2008. : 28th February, 2008. : 28th February, 2008. P.C.: P.C.: P.C.: . Not on board. Taken on board. 1. This is an application for condonation of delay in preferring an appeal for challenging an order dated 28th September, 1994 passed in Misc. Application No.544 of 1991 which was an application for grant of succession certificate under section 372 of the Indian Succession Act, 1925. In view of the decision of this Court in the case of Shri Vitthal Ramchandra Mali Vs. Smt Laxmi Ganapati Mali & Anr (2006(4) ALL MR Page 389), appeal against the said order is maintainable in the District Court. As the appeal is pending in this Court from the year 1995, the office is directed to transfer this application alongwith the appeal to the appropriate District Court. Judge. Judge. Judge.