1 ao1363.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1363 of 2011 WITH Civil Application No. 1778 of 2011 IN AO No. 1363/2011 Mr. Vitthal Damodar Balte through Power of Attorney holder, Mr. Mandar Kamlakar ....Appellant v/s. Mr. Sanjay Moreshwar Balte & ors. ....Respondents Mr. Vijay R. Shinde for the appellant. Mr. Drupad S. Patil for the respondent. CORAM: R.M. BORDE, J. 16th December, 2011 PC: The appellant is taking exception to the order passed below Exhibit 33 on 14th November, 2011 in Civil Appeal No. 151/2011. An application at exh. 5 was presented by the appellant in an appeal seeking stay of the execution of the decree as well as seeking an injunction restraining the respondents from dealing with the property. Initially the application was allowed. However, while dealing with the application for review presented at Exhibit 33 the said order has been set aside. The Review Court has set aside the order placing reliance on the judgment in the matter of Division Bench of this Court in the case of Ramchandra Ganpatrao Hande alias Handege v/s. Vithalrao Hande & ors. 2011 All MR 189. The Division Bench while dealing with the matter has confirmed the view taken by the learned Single Judge of this Court in Rupali Mehta v/s. Tina Narinder Sain Mehta where it has been held that in a petition for probate, an order of injunction cannot be granted in relation to the property 2 ao1363.11.sxw of the deceased since the Court in such a petition, is not concerned with the Will, the sole question for consideration being whether or not the Will is genuine. The Division Bench has also observed in the concluding paragraph of the judgment “ in the context of the jurisdiction of the Probate Court, it is well settled principle of law laid down by the Supreme Court that Court cannot go into question as regards title or of existence of property bequeathed by the deceased.” 2. Considering the view taken by the Division Bench in the Judgments cited supra, I am of the view that trial Court was justified in allowing the application seeking review of its earlier order. It is open for the appellant to raise challenge to the genuineness of the Will and secure appropriate order in such proceedings to protect his interest qua the property. The Appeal from Order does not deserve any consideration and same stands dismissed. 3. In view of disposal of Appeal from Order, civil application does not survive and stands disposed of. (R.M.BORDE, J)