1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.25 OF 2009 WITH NOTICE OF MOTION NO.42 OF 2009 IN PETITION NO.141 OF 2008 Kiran Avinash Kadam ..Petitioner. Vs. Prashant Bhaskar Kadam and another ..Respondents. .... Mr. Jaideep Raut i/b Vaishali R. Shetty for the Petitioner. Mr. P.J. Thorat for Respondent No.1. .... CORAM : DR. D.Y. CHANDRACHUD, J. 30th July, 2009. P.C. : 1. The Petition has been filed for the revocation of the grant of a probate dated 19th September, 2008. With the consent of the learned counsel, the Petition has been taken up for hearing and final disposal. 2. The family tree at Exhibit A to the Petition shows that the testatrix Vimal Bhaskar Kadam died on 20th August, 2007. The First Respondent 2 who applied for the grant of probate is one of the sons of the deceased. The Petitioner is the son of a predeceased son. Avinash who was the father of the Petitioner died on 20th June, 1994. 3. It is an admitted position that the citation was not served on the Petitioner. The Petitioner as a son of a predeceased son had a caveatable interest. The grant of probate would have to be revoked simply on the ground that the citation was not served on the Petitioner. The Petition is accordingly made absolute in terms of prayer clause (a). The First Respondent shall deposit the original grant with the office within a period of two weeks from today. In view of the disposal of the Petition, Notice of Motion 42 of 2009 does not survive and is accordingly disposed of. *****