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2006 Supreme(Bom) 2029

R.M.LODHA, S.A.BOBDE
LYLA DARIUS JEHANGIR – Appellant
Versus
BAKHTAWAR LENTIN – Respondent


ORAL JUDGMENT

R. M. LODHA, J. :- This group of five Appeals is between the same parties and interconnected issues are raised therein and accordingly, by this common judgment, we shall dispose of these five Appeals.

2. The Appeal Nos. 163 of 2005 and 164 of 2005 are from Originating Summons Nos. 309 of 2000 and 447 of 2003 respectively. We shall first deal with Appeal No. 164 of 2003, since the fate of other appeals is dependant on the decision in this appeal. As a matter of fact the whole focus of Mr. M. L. Palan, the counsel for the appellants was on Appeal No. 164 of 2005, arising from originating Summons No. 447 of 2003. According to him, the decision in Appeal No. 164 of 2005 shall virtually decide all appeals.

3. By originating Summons No. 447 of 2003, the appellant prayed for determination of the following issues by the Court:

(a) Whether the bequeaths made in favour of the plaintiff by the deceased Pilloo under the said Will dated 12th April, 1989 inter alia under clauses 11, 13, 14, 15, 18, 24, 40 and 42 are absolute bequeaths to the plaintiff?

(b) Whether the directions of the deceased Pilloo inter alia in said Will including in clauses 11, 13, 14, 15, 18, 24, 40 and 42 of








































































































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