rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION MISC.PETITION NO.28 OF 2003 MISC.PETITION NO.28 OF 2003 MISC.PETITION NO.28 OF 2003 IN IN IN PROBATE PETITION NO.109 OF 2001 PROBATE PETITION NO.109 OF 2001 PROBATE PETITION NO.109 OF 2001 Ms.Shobharani Hiralal Gupta .. Petitioner V/s. Vijaykumar Hiralal Gupta .. Respondent AND AND AND MISC.PETITION NO.4 OF 2004 MISC.PETITION NO.4 OF 2004 MISC.PETITION NO.4 OF 2004 IN IN IN PROBATE PETITION NO. 109 OF 2001 PROBATE PETITION NO. 109 OF 2001 PROBATE PETITION NO. 109 OF 2001 Mahadeoprasad H.Gupta .. Petitioner V/s. Vijaykumar H.Gupta & Ors. .. Respondents Mr.P.M.Chakurkar for the Petitioner. Ms.Lata Desai for Respondents. CORAM : S.C.DHARMADHIKARI, J. CORAM : S.C.DHARMADHIKARI, J. CORAM : S.C.DHARMADHIKARI, J. DATED : 30TH JANUARY, 2009 DATED : 30TH JANUARY, 2009 DATED : 30TH JANUARY, 2009 P.C.:- P.C.:- P.C.:- . These petitions for revocation of Probate were argued for some time and after the attention of Shri.Chakurkar was invited in the averments in the Petition and statements made on oath, it is not ( 2 ) disputed that they project the issue of right, title and interest of the Petitioner in the immovable property. The Petitioner can approach a competent civil court and seek such declaration and relief as is permissible in law with regard to her right in the property. Merely because revocation Petition is disposed of without any order being passed, does not mean that the Petitioner is preluded from intitiating and prosecuting proceedings for establishing and proving her right in the subject Immovable property. All pleas and contentions in that behalf are kept open and it is clarified that the order passed in these Petitions does not prevent the Petitioner from initiating appropriate proceedings. (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.)