JUDGMENT -KARNIK D.G., J.:---In this appeal, the appellant challenges the judgment and order of remand dated 20th April, 1992 passed by the learned Additional District Judge, Sangli setting aside the judgment and order dated 7th December, 1984 passed by the Joint Civil Judge, Senior Division, Sangli in Miscellaneous Application No. 111 of 1981 granting letters of administration with the will annexed thereto in favour of the appellant in respect of the last Will and testament dated 16th November, 1975 executed by late Shankar Babaji Dhor (Shinde).

2.Shankar Babaji Dhor (Shinde) (hereinafter referred to as the testator) died on 4th December, 1975 leaving behind his last will dated 16th November, 1975. The appellant being the grand son and a beneficiary under the Will, filed an application for letters of administration of the said will dated 16th November, 1975. Sons and daughters of the testator challenged the said Will and opposed the grant of letters of administration on the ground that the alleged Will was fradulent, executed in suspicious circumstances and that the thumb impression of the testator was obtained on the said will by undue influence and fraud. They also contended that

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