vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.217 OF 2008 APPEAL NO.217 OF 2008 APPEAL NO.217 OF 2008 IN MISC. PETITION NO.19 OF 1995 Raynah Fernandes & Ors. ... Appellants V/s. Caesar Manoel Fernandes & Ors. ... Respondents Mr.S.M. Rego for Appellants Mr.Pratik Sakseria for Respondent No.3 CORAM: S.B. MHASE & S.B. MHASE & S.B. MHASE & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: JULY 8, 2008 JULY 8, 2008 JULY 8, 2008 P.C.: P.C.: P.C.: . Heard learned Counsel. The Petition for revocation of the probate of the last will of Jerome Fernandes was filed by the appellants. It was dismissed by the learned Single Judge having found that there is a family arrangement amongst the petitioner and the respondents and the petitioner had accepted the family arrangement and thereby has promised to withdraw the petition. The learned counsel for the appellants submitted that since that is not executed, he is continuing with the litigation but we find that since the petitioner is a party to the family arrangement, wherein he has accepted not to press his application or any other litigation, it will be inappropriate on the part of the petitioner to continue with the litigation. At the most, he may proceed for execution of the family : 2 : arrangement effected between the parties. 2. We refrain from entertaining the appeal and the same is rejected. (NISHITA MHATRE, J.) (S.B. MHASE, J.)