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2007 Supreme(Bom) 1719

ANOOP V.MOHTA
Namdeo Mali – Appellant
Versus
Jayram Barde – Respondent


Advocates:
Advocate Appeared
Mr. Hemant Ghadigaonkar i/by Mr. Madhav Jamadar for the appellant.
Ms. Seema Sarnaik for the respondents.

JUDGMENT:-

1. Being aggrieved and affected by the impugned order dated 27th April, 1993 passed by the 4th Additional District Judge, Nashik (for short, "the Trial Court"), the appellant’s application for grant of probate in pursuance to the later registered Will executed by the deceased Zipru Punja Bhil of village Bhingare, Tq. Yeola, District Nashik, dated 01/09/1990 rejected and by the same order the counter claim of the respondents (original opponents) have been allowed and that resulted into the grant of probate based upon the registered Will of the deceased dated 05/06/1979 (the 1979 Will) and the Court has accordingly issued probate in favour of original opponent Nos. 1 to 3 (respondents 1 to 3). Therefore the present appeal.

2. On 05/06/1979, the deceased Zipru Punja Bhil executed a Will dated 05/06/1979 in favour of respondent Nos. 1 to 3 and bequeathed property bearing Gat No.7 admeasuring 2H S R situate at Village Bhingare, Taluka - Yeola, District-Nashik.

3. On 01/09/1990, it is the case of the appellant that deceased Zipru Punja Bhil, executed a Will dated 01/09/1990 in his favour.

4. On 05/01/1991, therefore, the appellant preferred a Civil Miscellaneous Application No.

















































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