1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.599 OF 2009 Vasant Ganesh Kelkar ...Petitioner vs. Smt.Aparna Jha & others ...Respondents Petitioner in person present CORAM :A.S.OKA,J. DATE : AUGUST 20, 2009 P.C. 1 Heard the petitioner appearing in person. The petitioner is the original second defendant in Special Civil Suit No.1354 of 1990. The first and second respondents who are the plaintiffs filed an application for grant of probate in respect of a will. The petitioner and his wife (third respondent herein) objected to grant the probate and therefore, the application for probate was converted into a suit. The suit was decreed. The present petitioner and his wife preferred an appeal against the said decree. The appeal has been dismissed by the District Court. The petitioner appearing in person himself pointed out that the against impugned Judgments and decrees, his wife who was one of the original defendants had preferred second appeal and the same was dismissed by this court. Thereafter, the present petitioner applied for review before the District 2 Court. The review application has been rejected. The petitioner by this petition under Article 227 of the Constitution of India has prayed for setting aside the order granting probate. A remedy of preferring the Second Appeal was available for challenging the impugned Judgments and decrees. Moreover, the impugned Judgments and decrees have been confirmed in the Second Appeal preferred by the wife of the petitioner. Therefore, this petition filed under Article 227 of the Constitution of India cannot be entertained on merits. Writ Petition is rejected. JUDGE