Satish Rushabdas Surana And Others v. Sangita Dilip Surana And Others

AO45.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPEAL FROM ORDER NO.45 OF 2016 Satish S/o Rushabdas Surana and others.

.. Appellants

Versus

Smt. Sangita Dilip Surana and others .. Respondents ...

Mr. Amol S. Gandhi, Advocate for appellants Mr. Unmesh B. Shriram, Advocate for the respondent ...

CORAM: P. R. BORA, J.

DATE : 13TH JUNE, 2017.

Per Court :

1.

Heard learned Counsel appearing for the parties. 2.

The present appeal is preferred against the order passed by ld. Jt. Civil Judge Senior Division, Aurangabad on 17th June, 2016 in application at Exh. 4 in M.A.R.J.I. No.710 of 2015. The aforesaid M.A.R.J.I. No.710/2015 has been filed by the present respondent seeking revocation of the probate granted in favour of the present appellant.

3.

After hearing the parties for sometime, it appears to me that, it would be in the interest of both the parties that the main application is decided by the Civil Court on its merits finally. Any finding recorded by this Court in

AO45.2016.odt the present matter may in fact would come in the way of the parties while deciding the main matter on merits. I, therefore, deem it appropriate to pass the following order.

O R D E R

1.

Ld. Jt. Civil Judge Senior Division, Aurangabad, is directed to hear and dispose of the M.A.R.J.I. No. 710 of 2015, as expeditiously as possible and preferably within a period of six months from today by giving due opportunity to both the parties.

2.

The parties are directed to cooperate with the trial Court in disposing of the matter in the given time schedule.

3.

With the observations as above, the present appeal stands disposed of. [ P. R. BORA, J. ] ggp