A.M.KHANWILKAR, DINESH MAHESHWARI
KAVITA KANWAR – Appellant
Versus
PAMELA MEHTA – Respondent
JUDGMENT
Dinesh Maheshwari, J.-
INTRODUCTION WITH BRIEF OUTLINE
1. This appeal by special leave is directed against the judgment and order dated 27.06.2014 in FAO No. 36 of 2010, whereby the High Court of Delhi at New Delhi has dismissed the appeal preferred by the present appellant and has affirmed the judgment and order dated 23.11.2009 as passed by the Additional District Judge, West District, Tis Hazari Courts, Delhi in Probate Case No. 465 of 2006, resulting in rejection of the appellant's prayer for grant of probate in relation to the Will dated 20.05.2003, said to have been executed by the mother of the contesting parties [Hereinafter also referred to as 'the contested Will' or 'the Will in question' or the 'document in question'.].
2. The prayer of the appellant for grant of probate in relation to the Will in question has been declined concurrently by the Trial Court and by the High Court essentially after finding several unexplained suspicious circumstances surrounding the Will in question. Being aggrieved, the petitioner-appellant, who was appointed as the executor of th
Chiranjilal Shrilal Goanka v. Jasjit Singh
H. Venkatachala Iyengar v. B.N. Thimmajamma: AIR 1959 SC 443 – Relied [Para 15.2]
Indu Bala Bose v. Manindra Chandra Bose: (1982) 1 SCC 20 – Relied [Para 15.2]
Surendra Pal v. Dr. Saraswati Arora: (1974) 2 SCC 600 – Referred [Para 15.2]
Rani Purnima Debi v. Kumar Khagendra Narayan Deb: (1962) 3 SCR 195 – Relied [Para 17.1]
Smt. Jaswant Kaur v. Smt. Amrit Kaur and Ors.: (1977) 1 SCC 369 – Relied[Para 17.1]
Babu Singh and Ors. v. Ram Sahai @ Ram Singh: AIR 2008 SC 2485 – Referred [Para 17.1]
Gurdial Kaur and Ors. v. Kartar Kaur and Ors.: 1998 SCR (2) 486 – Referred [Para 17.1]
Benga Behera and Anr. v. Braja Kisore Nanda and Ors.: (2007) 9 SCC 728 – Referred [Para 17.1]
B. Venkatamuni v. C.J. Ayodhya Ram Singh and Ors.: (2006) 13 SCC 449 – Referred [Para 17.1]
J. Mathew and Ors. v. Leela Joseph : (2007) 5 MLJ 740 – Referred [Para 17.1]
Bachhaj Nahar v. Nilima Mandal and Anr.
Madhukar D. Shende v. Tarabai Aba Shedage: (2002) 2 SCC 85 – Referred [Para 18.4]
Joyce Primrose Prestor v. Vera Marie Vas: (1996) 9 SCC 324 – Distinguished [Para 18.4]
Leela Rajagopal and Ors. v. Kamala Menon Cocharan and Ors.: (2014) 15 SCC 570 – Relied [Para 18.6.2]
Ved Mitra Verma v. Dharam Deo Verma: (2014) 15 SCC 578 – Referred [Para 18.6.2]
Mahesh Kumar v. Vinod Kumar and Ors.: (2012) 4 SCC 387 – Relied [Para 18.6.2]
Savithri and Ors. v. Karthyayani Amma and Ors.: (2007) 11 SCC 621 – Referred [Para 18.6.2]
Uma Devi Nambiar and Ors.v. T.C. Sidhan: (2004) 2 SCC 321 – Relied [Para 18.6.2]
Ramchandra Rambux v. Champabai and Ors.
Ram Piari v. Bhagwant and Ors.: AIR 1990 SC 1742 – Referred [Para 19.3.3]
Balraj Taneja and Anr. v. Sunil Madan and Anr.: (1999) 8 SCC 396 – Relied [Para 20.1]
Modula India v. Kamakshya Singh Deo: (1988) 4 SCC 619 – Referred [Para 20.1]
B. Venkatamuni v. C.J. Ayodhya Ram Singh & Ors. : (2006) 13 SCC 449 – Referred [Para 20.4.]
Apoline D’Souza v. John D’Souza: AIR 2007 SC 2219 – Referred [Para 20.5]
Dayananadi v. Rukma D. Suvarna & Ors.: (2012) 1 SCC 510 – Referred [Para 20.5]
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