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1995 Supreme(Bom) 148

R.M.LODHA
Manohar son of Bapurao Sapre – Appellant
Versus
Bhaurao s/o. Tukaramji Shirbhate and another – Respondent


JUDGMENT - R.M. LODHA, J. :---The legality and correctness of the order passed by the 2nd Additional District Judge, Amravati on 10th April, 1987 reversing the order passed by the Civil Judge, Senior Division. Amravati on 18-2-1983 is under challenge in this revision application.

2. The only contention raised by the learned Senior Counsel for the applicant is that the Civil Judge, Senior Division, Amravati while deciding the petition for probate under section 276 of the Indian Succession Act was discharging the duties of the District Judge and therefore no appeal lay before the District Judge and the judgment passed by the Civil Judge, Senior Division, Amravati on 18th February, 1983 could have only been challenged before the High Court. In this connection, the learned Counsel for the applicant placed reliance on paragraphs 254 and 255 of the Civil Manual.

3. Per contra, Mr Udhoji, the learned Counsel for the respondent No. 1 submits that since the judgment was passed by the Civil Judge, Senior Division, Amravati in the petition for probate under section 276 of the Indian Succession Act with regard to the will subject matter of which was valued at Rs. 10,000/-, appeal against the jud



























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