: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL REVISION APPLICATION (ST.) NO.12702 OF 2008 IN NOTICE OF MOTION NO.959 OF 2008 IN S.C.SUIT NO.1632 OF 2006 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Jayesh Bhatt for the Applicant. Mr.Nitin G. Raut for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 4TH JUNE, 2008. P.C. : 1. The learned Judge who passed the order ought to have decided the application. It appears that the application has not been decided at all. 2. However, in the facts of this case instead of remanding the matter, I heard the parties on the question as to whether stay ought to be granted at all. : 2 : 3. Mr.Bhatt, the learned counsel appearing on behalf of the Applicant states that through inadvertence the Applicant had filed the proceedings in a Court which lacked inherent jurisdiction. He therefore, made an application for leave to withdraw the same with liberty to file a fresh suit on the same cause of action. Whether the liberty to file a fresh suit can be granted or not or whether such liberty is necessary, is another matter. Even earlier the Applicant had taken out an interim application for injunction restraining her mother/Respondent No.1 from selling the flat which was bequeathed by her husband to her. The learned counsel appearing on behalf of the Applicant states that the Applicant’s application has not been pressed. There are several other proceedings pending between the parties, I am informed. There was no warrant therefore for seeking an identical injunction two years later. The mere fact that the share certificate may have been transferred to the name of Respondent No.1 : 3 : would make no difference. 4. The matter has been listed on 11.6.2008 before the trial Court. 5. In the circumstances, the Civil Revision Application is dismissed.