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1987 Supreme(Bom) 387

S.P.BHARUCHA, N.K.PAREKH
Vaman Ganpatrao Trilokekar & others – Appellant
Versus
Malti Ramchandra Raut & others – Respondent


JUDGMENT - S.P. BHARUCHA, J.:---This appeal assails the order dated 10th September, 1985 passed in a partition suit. The learned Single Judge thereby directed that a valuation of the share of plaintiffs in the two immovable properties in suit should be made as of July 1972 and suit was adjourned for the purpose.

2. On 16th April, 1985 Dr. Sakharam Arjun Raut died leaving property at Khotachi Wadi, which is one of the two immovable properties in suit. He left behind him a widow, Jayantibai, and three sons, Vasantrao, Yeshwantrao and Raghunathrao. On 10th January, 1904 Jayantibai died leaving a Will whereunder she bequeathed the property at French Bridge, which is the other immovable property in suit, to the three sons. On 4th Nov., 1904 probate of her will was obtained. On 12th Oct., 1936 Yeshwantrao died leaving a Will whereby he bequeathed his estate to his widow Rewabai. Rewabai died intestate on 28th Oct, 1939 leaving Narayan (the original 1st plaintiff) as her only heir. On 24th December, 1972 Narayan died leaving a Will dated 21st Dec, 1972. Probate was obtained on 7th August 1975 in respect of the Will and the executors thereunder were brought on record as plaintiffs 1 (a) to





















































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