JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by the original respondent, in order to challenge the judgment and order passed in Civil Misc. Application No. 77 of 2016, by 2nd Joint Civil Judge (Senior Division), Aurangabad, dated 21.01.2019, whereby the petition filed by the present respondent came to be allowed and the probate granted to the present appellant in MARJI No. 77 of 2015, dated 07.06.2015 was revoked [Parties are referred hereinafter, as per their nomenclature before the trial Court].

2. The facts which are not disputed are that the petitioner and respondent are real brothers. Their father Sadashiv died on 07.03.2009. He was survived by widow, three sons and two daughters. One of the son i.e. Shridhar expired on 16.03.2013. It is further not in dispute, that the suit for partition bearing Regular Civil Suit No. 109 of 1971 was filed. As aforesaid, it is not in dispute, that MARJI No. 77 of 2015 was filed by the original respondent present appellant for grant of probate and it came to be allowed on 07.06.2015.

3. With the above said admitted facts, original petitioner present respondent had come with a case that the original respondent had forged and fab