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2018 Supreme(Bom) 1815

A.S.OKA, M.S.SONAK
Anuradha Anil Bhagwat – Appellant
Versus
Kirit Navnitlal Damania – Respondent


Advocates Appeared:
Vaibhav M Parashurami, Adv., Vikrant V Parashurami, Adv., Nitin Thakkar, Adv., Tejas Vora, Adv., D.R. Mishra, Adv.

JUDGMENT :

M.S. SONAK, J.

1. Heard the learned counsel for the parties.

2. This appeal is directed against the judgment and order dated 9th June, 2016 disposing of Testamentary Suit No. 28 of 1995 in Testamentary Petition No. 41 of 1995 in relation to the will dated 4th July 1993 said to have been left by Shashikala Baburao Alandkar ("Shashikala").

3. Since, it was pointed out to us that the first respondent to this appeal is about 90 years of old, we had, by our order dated 28th August, 2018, made it clear that this appeal will be disposed of, finally at the stage of admission itself.

4. Accordingly, the appeal is admitted and with the consent of and at the request of the learned counsel for the parties, the appeal is taken up for final disposal.

5. The appellants are the original defendants and the respondents are the original plaintiffs in Testamentary Suit No. 28 of 1995. For the sake of convenience, we shall refer to the parties by their respective positions in the suit. Accordingly, the appellants will be referred to as the defendants and the respondents will be referred to as the plaintiffs, even though, one of the plaintiffs, i.e., Mr. Shantram V. Pikale, has already expired duri






































































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