-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 363 OF 2009 IN MISC, PETITION NO. 5 OF 2007 IN TESTAMENTARY PETITION NO. 786 OF 1994 Shahenshabegum @ Sona Diljag. ..Appellant. Versus Rehana Nasrudin Abul Karim & Ors. ..Respondents. Mr. S. R. Mishra for the Appellant. Mr. A. Narula i/b Jhagiani Narula & Associates for respondent nos. 1 & 5. Mr. Shaikh Yusuf Ali i/b S. Mahomedhbai & Co., for respondent nos. 2 to 4. Coram : D. K. DESHMUKH & R. V. MORE, J. Date : April 27, 2010. P. C. : 1. By this appeal, the appellant challenges the order dated 9th January 2009 passed by the learned Single Judge in Miscellaneous Petition No. 5 of 2007. That petition was filed for revocation of probate of Will. We have heard the learned counsel appearing on behalf of the petitioner. The petitioner claims to be widow of the deceased. Learned Single Judge has disbelieved the appellant and has held that the appellant is not able to prove her marriage to the deceased. After having gone through the record and after having heard the learned counsel for the petitioner, we find that -: 2 :- the learned Single Judge has given cogent reasons for the findings he has recorded. Learned counsel appearing on behalf of the appellant submitted that the petition should not have been decided on the basis of affidavits and oral evidence should have been permitted. But admittedly, the appellant never made an application to the learned Single Judge to lead any oral evidence and for permission to cross examine the executor of the Will who was joined as respondent. Taking overall view of the matter, we do not see any reason to interfere with the order impugned. Appeal is rejected. (D. K. DESHMUKH, J.) (R.V. MORE, J.)