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2016 Supreme(Bom) 1807

A.S.OKA, A.M.BADAR
PADMAKAR HIROO JADHAV – Appellant
Versus
KUMUD SUBHASH JADHAV – Respondent


Advocates Appeared:
For the Appellants : Mr. H.S.S. Murthy.
For the Respondents: Ms. K.C. Nichani.

JUDGMENT :

A.M. BADAR, J.

1. By this appeal, appellants/original defendants/caveators are challenging the judgment and order dated 25th March 2009 passed by the learned Single Judge of this court in Testamentary Suit No.37 of 1992 between the parties, thereby dismissing the caveat filed by the present appellants and decreeing the suit by declaring that the Will dated 3rd December 1988 executed by deceased Hiroo @ Hiraji Laxman Jadhav as his last Will and Testament. Consequently, by the impugned judgment and order, the learned Single Judge ordered for issuance of letter of administration as prayed for by respondents/ original plaintiffs by allowing the Petition No.603 of 1990 filed by them. For the sake of convenience, parties shall be referred to in their original capacity.

2. Plaintiffs Subhash Hirji Jadhav and his wife Mrs. Kumud Subhash Jadhav filed Testamentary Petition bearing No.603 of 1990 for seeking letter of administration by annexing a Will claiming that the said Will has been executed by Hiroo @ Hiraji Laxman Jadhav on 3rd December 1988 as his last Will and Testament. After service of citation notice on other heirs of said Hiroo @ Hiraji Laxman Jadhav (hereinafter referred































































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