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2003 Supreme(SC) 426

DORAISWAMY RAJU, ASHOK BHAN
Arunkumar – Appellant
Versus
Shriniwas – Respondent


ORDER

The above appeals have been filed against the common Judgment and decree passed by the Division Bench of the High Court of Bombay, Aurangabad Bench, on 20.9.1993 in FA Nos.3 and 36 of 1986, whereby the learned Judges in affirming the decision of the Trial Court, have chosen to reject the appeals including the cross-objections.

2. The only question that arose for consideration was as to the construction to be placed on the Will dated 28.1.1969, executed by late Sitabai wife of Ramachandra Ganesh Mudhalwadkar. Indisputably, she is the absolute owner of the property which was the subject matter of the Will in question. As per the Will, a translated copy of which was furnished and placed on record, the testator made the bequest in the following terms:

"After my death, my husband Shri Ramachandra Ganesh Mudhalwadkar shall be the heir and owner of my property as detailed below. In accordance with this Will (i) Master Anilkumar s/o Narhari aged 12 (ii) Master Arunkumar s/o Narhari aged 9 (iii) Master Shashikant s/o Narhari aged 6, shall be the owners of my property after the death of my husband. Narhar Shamrao Satarkar will be their guardian. My property, the details of which are


















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