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2000 Supreme(Bom) 809

D.G.DESHPANDE
Asha Sunder Shivdasani (Ms. ) – Appellant
Versus
Aruna Ramesh Kriplani (Mrs. ) & Ramesh Lekhraj Kriplani – Respondent


JUDGMENT - D.G. DESHPANDE, J.:---Ramesh Lekhraj Kriplani is the husband of Mrs. Aruna Kriplani. The said Aruna Kriplani filed a petition for probate in respect of last Will and testament of Mrs. Sitabai Lalchand Jagasia vide Petition No. 668 of 1988. In that petition nobody was joined as respondent. It was filed on 18-11-1988 and the probate was granted to the said Aruna Kriplani by this Court on 9-3-1995. Mrs. Aruna Kriplani claimed in the said petition that she was the only legal heir and she was also sole executrix named in the Will. It was also stated that deceased Sitabai Jagasia died as a widow and issueless.

2. It appears that thereafter Ms. Asha Shivdasani filed a Misc. Petition No. 46 of 1999 for revocation of the probate of the Will granted to Mrs. Aruna Kriplani. Vide Misc. Petition No. 46 of 1999, Ms. Asha Shivdasani claimed that she was the daughter of Mrs. Chandravati Kishinchand Vazirani who was the sister of husband of the deceased i.e. the sister of Lalchand Narayandas Jagasia and as such she was entitled to the property of deceased Sitabai Jagasia. Ms. Asha Shivadasani claimed in her petition that when she was served with the writ of summons of this High Court in









































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