1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.15 OF 2009 Adrushya Kadeshwar Guru Shri Muppin Kadeshwar Swami : Petitioner. Versus Shri Avinash Madhav Mantri : Respondent. Shri.A.A.Kocharekar for the Petitioner. CORAM : R.M.SAVANT, J. DATED : JANUARY 30, 2009 P.C. 1. The above Civil Revision Application takes exception to the order dated 18.11.2008 passed by the Learned IInd Joint Civil Judge, Senior Division, Kolhapur by which order the application for framing additional issue has been rejected. 2. The proceedings in question are under Section 263 of the Indian Succession Act. The Applicant before the trial Court has applied for revocation of the probate granted in respect of the last will and testament dated 30/4/1002 of the deceased Muppin Kadeshwar 2 Guru Virupaksha Kadeshwar Swami alias (M.V.Swami). The issues in the said Misc.Application No.215 of 2004 have already been framed on 16/6/2005, the parties have led their evidence and when the said Application was fixed for arguments that the said Exhibit 88 for framing of additional issue came to be filed, the trial Court considering the provisions of Section 263 of the Indian Succession Act which inter alia provide for the circumstances when the letters of administration of Will could be revoked, and considering the issue No.2 which is a part of the Issues framed on 16.6.2005, rejected the said Application Exhibit 88. 3. In my view, the reasons mentioned by the trial Court for rejection of the said Application Exhibit 88 are unexceptional and do not call for any interference in the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure. The above Civil Revision Application is accordingly dismissed. [R.M.SAVANT, J]