ORAL JUDGMENT:

1. The present Petition is for Probate of the last Will dated 20.04.1986 and Testament of late Smt. Umabai Sadashiv Karandikar (the deceased) of Bombay, a widow, who died on 3rd September, 1988.

2. As a caveat was filed to the Petition, the same was converted into the present Suit.

3. This Court, after hearing both the parties, framed the following issues on 02.04.2009:

1. Whether the plaintiff proves that the Will dated 20.04.1986 of late Smt.Umabai Sadashiv Karandikar has been duly executed by her in accordance with law?

2. Whether defendants 4a to 4c prove that the testatrix was in her proper state of mind and mentally fit to understand the text of the Will?

3. Whether the defendant nos.4a to 4c prove that the Will executed by the deceased was under undue influence, force and/or by misrepresentation?

4. What order?

4. The petitioner led evidence of one Uday Madhusudan Mahajan, through Affidavit dated 02.12.2006 being attesting witness to the Will.

5. The defendants/caveators have examined one witness Smt.Meeta Shekhar Karandikar (defendant no.4a). She has filed Affidavit dated 28th July, 2008 accordingly on behalf of all defendants.

6. One Sadashiv Ram