WPMS No. 1707 of 2009 In Int. Relief App. 8651 / 09 Hon. Prafulla C. Pant, J. Mr. Piyush Garg, Advocate present for the petitioner. Heard learned counsel for the petitioner. By means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has challenged order dated 11.09.2009, passed by the District Judge, Dehradun, in Misc. Civil Appeal No. 130 of 2009; Anil Kumar Vs. Smt. Krishna Devi. By the impugned order the District Judge has admitted the appeal preferred by respondents No. 1 and 2 under Section 388(2) of Indian Succession Act, 1925. Admittedly, the petitioner moved an application for grant of succession certificate under the Indian Succession Act, 1925, before Civil Judge (Senior Division), Dehradun, which was registered as Misc. Case No. 507 of 2000. Sub-Section (1) of Section 388 of the Act provides that the State Government by notification invest any court inferior in grade to a District Judge with power to exercise functions of a District Judge under Part X. Sub-Section (2) of said Section provides that in that situation the appeal would lie to the District Judge. Prime facie, the District Judge has admitted the appeal in view of the provision contained in Sub-Section (2) of Section 388. This Court does not find any reason to interfere with the impugned order passed by the appellate court. Therefore, this petition is dismissed summarily with the observation that it shall be open to the parties to argue on the point of maintainability of the appeal at the time of final hearing of the appeal. (Interim Relief Application No. 8651 of 2009 also stands disposed of). (P.C. P., J.) 08.10.2009 HN