ASHOK MANHARLAL SHAH Vs. AJAY MANHARLAL SHAH

JUDGEMENT

(1.) AN application dated 18.01.2010 has been filed by the opponent in the captioned First Appeal 5471/2007, who appears in the First Appeal as "party -in -person". Hence, for the sake of convenience the opponent of First Appeal No. 5471/2007 is, hereafter, referred to as "the applicant". Heard the appellant and Mr. Bhatt for the opponent. Rule Mr. Patel for the opponent has waived Notice of Rule. The said application reads thus:

(2.) IT needs to be noted that the above referred application is in form of only written request and it is not made in prescribed format of a Civil Application. It also does not contain appropriate and necessary averments. The application also does not contain even prayer clause and does not contain former prayer/s.

(3.) THE said application has been tendered on the strength of the judgment dated 04.11.2009 passed by the High Court of Bombay, in Testamentary Suit No. 66/1993 in Testamentary Suit No. 495/1993. In the said proceedings, the Hon'ble High Court of Bombay framed below mentioned five issues: