JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Application of Section 302 of the Indian Succession Act, 1925 (for short “the Act”) is in question in this appeal which arises out of a judgment and order dated 5.02.2007 passed by a Division Bench of the High Court of Judicature at Bombay in Appeal No. 889 of 2006.

3. The basic fact of the matter is not in dispute.

One Kanha Barik Mhatre executed a Will on or about 8.09.1963; the legatees whereunder are the respondents herein. He expired on 6.08.1974.

An application for grant of probate in respect of the said Will was filed by the respondents. Appellants filed a caveat thereto, pursuant whereto a suit was directed to be registered. In the said suit, a compromise was entered into by and between the parties; the terms whereof inter alia are:

“1. The parties have settled their disputes as per agreement executed today...

2. The parties agree that even though the Probate will be granted to the Petitioner unconditionally the terms of the Will stand changed and/ or altered on terms of agreement Annexure ‘A’ hereto.

3. The parties agree that they have no objection if the probate is granted unmodified by the terms of the agreement Ex. ‘A’. Ho