Neutral Citation No. - 2025:AHC:20368 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 15467 of 2024 Petitioner :- Smt. Manjulata Singh Respondent :- Surendra Kumar Singh (Since Deceased) And 8 Others Counsel for Petitioner :- Arpit Agarwal,Mohit Kumar Counsel for Respondent :- Narendra Kumar Singh Hon'ble Ajit Kumar,J. 1. Heard Sri Arpit Agarwal, learned counsel for the petitioner and Sri Narendra Kumar Singh, learned counsel for the respondents. 2. By means of this petition filed under Article 227 of Constitution of India, the petitioner has questioned the order dated 29.11.2024 whereby his application for recall of the order dated 23.10.2024 regarding closing of evidence has come to be rejected. 3. It transpires from the record that during pendency of this petition the probate case has come to be finally decided on 16.12.2024. Certified copy whereof has been brought on record by means of second supplementary affidavit and an amendment application has also been moved to question the said order in this petition itself. This amendment application came to be allowed 15.01.2025. 4. A preliminary objection has been raised by Sri N.K. Singh, learned counsel for the respondent regarding maintainability of this petition under Article 227 of Constitution of India when there lies statutory appeal against the order granting probate and consequential letter of administration under Section 384 of the Indian Succession Act, 1925. 5. The final order has come to be passed deciding the probate case and issuance of certificate in that regard. 6. I have gone through relevant provision and I find the preliminary objection raised by learned counsel for the respondents deserves to be allowed. 8. Accordingly, I decline to grant indulgence in the matter at this stage in this petition under Article 227 of the Constitution of India granting liberty to the petitioner to file probate appeal under the relevant provisions of the Indian Succession Act. Certified copy brought on record by means of second supplementary affidavit shall be returned to learned counsel for the petitioner after keeping photocopy of the same on record. 9. It is made clear that whatever the point has been raised to question the ex parte order granting probate including judicial impropriety in not recording the presence of the lawyer when he was present to represent the petitioner at the time of hearing and all other issues regarding rejection of recall application in respect of the order to close evidence will remain open to be raised in appeal. 10. With aforesaid liberty, writ petition is consigned to record. Order Date :- 13.2.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad