IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.4219 OF 2007. APPLICATION NO.4219 OF 2007. APPLICATION NO.4219 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.2190 OF 2007. APPEAL (ST) NO.2190 OF 2007. APPEAL (ST) NO.2190 OF 2007. Lalit Motilalji Shrishrimal ... Applicant. Versus. Ashok Sanchalal Abad & Ors. ... Respondents. Shri Yogesh Dabke i/by Shri M.S.Lagu for the applicant. Shri Vipin R. Kale h/f M/s.Ram & Co for the Respondent No.2. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 01st February, 2008. : 01st February, 2008. : 01st February, 2008. P.C.: P.C.: P.C.: 1. The office noting shows that private notice has been served to the respondent Nos.1, 2 and 6 and the notice sent to the respondent Nos.3, 4 and 5 by Registered Post A.D has been returned with the remark that the postal envelopes were not collected though intimation was sent. The impugned judgment and order granting probate has bee passed on the basis of application made by the first respondent. 2. An appeal against order granting probate has been admitted. Therefore, till the final disposal of the appeal, the probate cannot be acted upon. None appears for the first respondent. The wider relief claimed in this Application cannot be granted and the interim relief will have to be confined to grant of probate. : 2 : 2 : 2 : 3. Hence, Civil Application is disposed of by passing following order: (i) Till the final disposal of the appeal, the impugned judgment and order dated 06th July, 2007 granting probate in respect of Will dated 21st July, 1993 shall not be acted upon. (ii) There will be no orders as to costs. Judge. Judge. Judge.