K.S. Appa Rao

1. These two appeals are filed against the common order, dated 02-08-1999 passed in O.P.Nos.342 of 1995 and 348 of 1996 respectively on the file of the II Additional Chief Judge, City Civil Court at Hyderabad.

2. Since both appeals arise out of the common judgment and the issue involved in them is interrelated, both the appeals are clubbed together and this common judgment is delivered. The parties hereinafter are referred to as they are arrayed in the lower Court in O.P.No.342 of 1995.

3. The brief facts of the case, which are necessary for the disposal of these appeals, are as follows:

O.P.No.342 of 1995:

This O.P. was filed by the petitioners therein under Section 276 of Indian Succession Act, 1925 (for short ‘the Act’) for granting probate of the Will, dated 06-08-1993 pertaining to the petition ‘A’ and ‘B’ schedule properties.

The first petitioner is a partnership firm. One Late Smt. Saralabai Phadke was the mother of the second petitioner and grandmother of the third petitioner, and she was living with them in petition ‘B’ schedule properties, which is a storied building bearing No.4-2-238 and 237 situated at Sultanbazar, Hyderabad. Her husband Shanker