1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6037 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri S.P. Brahme, Advocate for petitioner. Smt.C.S. Deshmukh, Advocate for respondent nos.1 & 2. Respondent no.3, though served, is absent. CORAM: NARESH H. PATIL, J. Date: 21.07.2010 The petitioner filed an application for letter of probate in the light of provisions of Section 222 of the Indian Succession Act, 1925. The said application was rejected by learned Civil Judge, Senior Division, Dhule, on 31.10.2002. Civil Appeal No.84/2005 was preferred against the same and vide judgment and order dated 21.1.2009, learned District Judge-3, Dhule, dismissed the said appeal. 2 Learned counsel for the petitioner submitted that in the light of will-deed executed by grand mother of the petitioner in the year 1990, the petitioner rightly filed the application for letter of probate and both the Courts erred in rejecting the application filed by the petitioner. Learned counsel for the respondent nos.1 & 2 submitted that as the petitioner was not mentioned as an executor of the will, both the Courts were right in their approach in rejecting the application. Considering the provisions of the Indian Succession Act, 1925, and after considering the material placed on record and the submissions advanced by learned counsel for the parties, while exercising writ jurisdiction under Article 227 of the Constitution of India, I do not find any error warranting interference in the concurrent findings reached by the Courts below. Hence, the petition is dismissed. Considering the dispute and the ages of the parties, it is advisable that the parties 3 consider to refer the matter to Lok Adalat or to adopt any suitable mechanism under the Alternative Dispute Resolution System. (Naresh H. Patil , J) Dt/- 21.07.2010 ndk/c217108