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1976 Supreme(Bom) 43

HAJARNAVIS, LENTIN
Vera D. Thackersey – Appellant
Versus
Bai Manekbai Annasaheb Thackersey – Respondent


Advocates:
A.C. Agarwal with V.B. Joshi, for Appellant; M.V. Paranjape with S.S. Phadnis and P.M. Pradhan, for Respondent.

Judgement

LENTIN, J. :- This appeal has been filed against the judgment and order dated 16th April 1975 passed by the learned 2nd Joint Civil Judge, Senior Division, Poona, returning to the petitioner, who is the appellant before us, her application for letters of administration together with all documents, for presentation to the District Judge, Poona, under S.288 of the Indian Succession Act, 1925.

2. On 6th October 1973, one D.A. Thakersey died intestate at Poona, leaving a large estate. His widow, namely the appellant, filed Application No. (146 of 1974) 376 of 1974 for letters of administration in the Court of the learned District Judge at Poona. This application was ordered to be registered on 20th June 1974. On 24th June 1974, the learned District Judge transferred the matter for disposal to the Court of the learned Civil Judge, Senior Division, Poona. Thereafter, the deceased's mother, one Manekbai, who is the respondent before us, filed a caveat, the contents whereof are not material for the purpose of this judgment. She also challenged the jurisdiction of the learned Civil Judge, Senior Division, Poona to hear and decide the application, on the ground that the latter was me








































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