1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO.578 OF 2004 IN CHAMBER SUMMONS NO.1592 OF 1999 IN SUIT NO.77 OF 1999 IN PETITION NO.877 OF 1998 Suresh Thorwade .. Appellant v/s. Cowasjee Nusserwanji Dinshaw .. Respondent Mr.A.K.Saxena for appellant. Mr.K.A.Shah with Mr.V.N.Solanki for respondent. CORAM : R.M.LODHA AND J.P.DEVADHAR, JJ. DATED : 24th September, 2004 P.C. Heard. 2. We are informed that subsequent to the impugned order dated 9.2.2001, the petition for probate of will and testament of Nargesh Sarosh Rustomji has been made absolute and probate granted. 3. In view of this fact, we are not inclined to go into the merits of the diverse contentions raised by the appellant in challenging the impugned order dated 9.2.2001. If advised, it is open to the appellant to challenge the correctness of the impugned order dated 9.2.2001 in the appeal granting probate. 2 4. With the aforesaid observation, the appeal is dismissed. (R.M.LODHA, (R.M.LODHA, (R.M.LODHA, J.) J.) J.) (J.P. (J.P. (J.P. DEVADHAR, J.) DEVADHAR, J.) DEVADHAR, J.)