1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 1209 OF 2010 IN MISC.PETITION NO.83 OF 2009 IN TESTAMENTARY PETITION NO.31 OF 1997 Pratap Mahadev Indulkar .. Appellant V/s Vijay Mahadev Indulkar & Ors. . .. Respondents Mr.Madhav Jamdar i/by Mr.K.R.Parekh & Co.for the Appellant. Mr.S.R.Ganbhavale for Respondent No.1. Mr.Gaurav Agarwal i/by Mr.Mehul Shah for Respondent Nos.2 to 9. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 7th June, 2011 P.C.: 1. Heard learned counsel appearing for both sides. By the order impugned in the appeal, the learned Single Judge has revoked probate of the Will which was granted without trial. The effect of this order is that now Vijay, Respondent No.1 who admittedly is the son of deceased, will get an opportunity to contest the legality and validity of the Will. The learned Single Judge has recorded a finding of fact that though Vijay was cited in the petition, he was not duly served. 2 2. We have examined the record. There is no room to interfere with the order of the learned Single Judge. Appeal is rejected. 3. In view of disposal of appeal, Notice of Motion No.1270 of 2011 stands disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)