1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.602 OF 2007 --------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court's Court's or Judge's orders or directions orders and Registrar's orders --------------------------------------------------- Mr.S.N.Chandrachood, advocate, for the appellant None for the respondent CORAM : A.S.OKA, J. DATE : 5TH MARCH,2008 P.C. . Heard advocate for the appellant. The appellant had filed an application for grant of Succession Certificate under Section 372 of the Indian Succession Act, 1925. By Judgment and Order dated 30th September, 2005, Trial 2 Court directed that Succession Certificate shall be issued. An appeal was preferred by the respondent before the District Court. The appeal has been allowed and order granting Succession Certificate has been set aside. 2. The appeal preferred by the respondent before the District Court was under sub- Section 2 of Section 388 of the Indian Succession Act, 1925. Sub-section 3 of Section 388 of the said Act, 1925 clearly shows that Second Appeal is not maintainable and an order of District Judge in the appeal is subject to revision to this Court. In 3 view of this position advocate for the appellant seeks permission to withdraw the Second Appeal. Second Appeal is accordingly dismissed as withdrawn with liberty to file appropriate proceedings. Certified copies of the orders of the Courts below shall be returned to the advocate for the appellant. (A.S.OKA, J.)