:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY AND INTESTATE JURISDICTION AND INTESTATE JURISDICTION AND INTESTATE JURISDICTION MISC. MISC. MISC. PETITION NO. 19 OF 2007 PETITION NO. 19 OF 2007 PETITION NO. 19 OF 2007 IN IN IN TESTAMENTARY TESTAMENTARY TESTAMENTARY PETITION NO. PETITION NO. PETITION NO. 807 OF 2006 807 OF 2006 807 OF 2006 Shri. Ajayprasad Hridaynarayan Tiwari. ...Petitioner. V/s. Smt. Kailashidevi Omkarnath Mishra. ... Respondent. Mr. E.K. Sasidharan for the Plaintiff. Mr. D.R. Shah for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 10TH 10TH 10TH OCTOBER 2008. OCTOBER 2008. OCTOBER 2008. P.C. P.C. P.C. : : : . Revocation Petition is filed principally on the ground that the petitioner claims to have some title to an immovable property which is more particularly described in the deed of conveyance dated 24th September 2003. The said property, according to the present Petitioner, was owned by deceased Jamunaprasad. Thereafter, upon his death intestate his widow Suryakali alias Parvati by virtue of law of succession succeeded to the estate of the said Jamunaprasad. During her life time she executed a Will dated 4th August 1980 interalia bequeathing the property to her brother in law Jagadishprasad Ramcharitra Mishra, who in turn sold this property under the deed of conveyance to the Petitioner. :2: 2. When this aspect was sought to be pressed before me, I clarified to Mr. Sasidharan that in these proceedings the title to the immovable property is not being adjudicated upon nor that issue decided. The remedy of the Petitioner, therefore, is to seek appropriate declaration in his favour with regard to this immovable property and Petition for revocation under Section 263 of the Succession Act is not maintainable. Mr. Sasidharan fairly accepts this position and states that he will file such proceedings and claim a declaration therein regarding the Right, Title and Interest to the property in question. Reserving that liberty and keeping open all contentions of both sides, this petition is disposed of. It is clarified that this Court has not gone into the genuineness, authenticity, validity and legality of the deed of conveyance and that issue is kept open for being raised in appropriate proceedings. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)