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1997 Supreme(Bom) 99

R.M.LODHA
Kalavati Dinkar Adsule and others – Appellant
Versus
Rajaram Shidu Ghatge – Respondent


JUDGMENT - R.M. LODHA, J. :---The sole question that requires consideration in this second appeal is : Whether the Will Exhibit-79 executed by Balu Mahadu on 17-5-76 is duly proved, valid and genuine?

2.The trial Court held that the plaintiff propounder of Will was not able to explain the suspicious circumstances satisfactorily surrounding the execution of the Will and, therefore, dismissed the plaintiff's suit on 30-8-1980. The first Appellate Court disagreed with the decision of the trial Court. The first Appellate Court vide judgment and decree dated 24-1-1985 held that the plaintiff has successfully dispelled the circumstances sought to be shown as suspicious by the defendant Nos. 1 to 3 and the Will Exhibit-79 has been duly proved by the plaintiff propounder and the same is valid. The Appellate Court accordingly decreed plaintiff's suit.

3.The second appeal arises from the facts which may be summarised with brevity and these facts are :-

One Balu Mahadu Holmukhe vide registered sale deed purchased the land in question comprising of Gat No. 334 admeasuring 2 hectares and 45 acres and the well in Gat No. 3353 by registered sale deed from Jagjivan Madhavrao Inamdar. About two years





























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