1. The prayers in this civil applications are as follows.

"(a) Rule be granted.

(b) The Hon'ble High Court be pleased to quash and set aside the impugned order dated 1st March, 2006 passed by the Registrar (Judicial) allowing the CAS/356/2006.

(c) Be further pleased to pass appropriate order of abatement of proceedings of the proceedings of Second Appeal No.539 of 1999.

(d) Be pleased to condone the delay of 5 years and 262 days in filing the present civil application and for costs.

(e) Costs of the present Civil Application and incidental expenses be provided for.

(f) Be further pleased to pass any other just and equitable orders and / or directions as may be necessary in the interest of justice and expedient in the facts and circumstance of the present case favouring the applicant.”

2. Few facts which are required to be stated for the purpose of disposal of this civil application are as under.

3. One Mrs. Zende executed a Will on 9th September, 1982. One Mr. Laxmanrao S. Shinde was sole beneficiary under the said Will. He filed Misc. Application No.640 of 1987 in the Court of Civil Judge, Senior Division, Pune for probate. This application was rejected by the learned C