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2015 Supreme(SC) 1056

DIPAK MISRA, PRAFULLA C.PANT
Vishwanath Dadu Gurav Since deceased through LRs – Appellant
Versus
Dattatray Ganapati Gurav – Respondent


Judgment

Prafulla C. Pant, J.

These appeals are directed against order dated 14.3.2012 whereby the High Court of Judicature at Bombay has dismissed the Writ Petition No. 2576 of 2003, affirming the order dated 17.10.1997, passed by the Third Additional District Judge, Kolhapur, in Regular Civil Appeal No. 124 of 1991. Appellants have further challenged order dated 7.1.2014 passed by the High Court whereby Review Petition Stamp No. 33147 of 2012 (in Writ Petition No. 2576 of 2003) is dismissed.

2. We have heard learned counsel for the parties and perused the papers on record.

3. Briefly stated, one Chandrabai, issueless widow, resident of Khochi, Taluka Hatkanangale, District Kolhapur, died on 2.12.1984. She was owner of certain properties in the Village. An application was moved under Section 276 of Indian Succession Act, 1925 before Civil Judge, Senior Division, Kolhapur, by appellant Vishwanath Dadu Gurav who sought probate of Will dated 11.9.1984, said to have been executed by Chandrabai. In said application, which was registered as Civil Application No. 20 of 1989, the appellant pleaded that Chandrabai, widow of Annappa Gurav was his cousin aunt, and she used to live with him. Chan
















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