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2023 Supreme(Bom) 817

A. S. DOCTOR
Pishorilal Sethi Alias Pishorilal Baxi Sreechand Sethi – Appellant
Versus
Sunil P. Sethi – Respondent


Advocates appeared:
Rajesh Gehani, Advocate, Mahendra Agvekar, Advocate

JUDGMENT

Arif S. Doctor, J. - The present Testamentary Suit has been filed for Letters of Administration alongwith a copy of the Will of one Pishorilal Sethi alias Pishorilal Baxi Sreechand Sethi ('the deceased'). The deceased passed away on 16th February 2009 leaving behind a writing dated 27th November 2003 ('the said Will') which the Plaintiff is propounding as being the last Will and Testament of the deceased. It is based on this Will that the Plaintiff has sought Letters of Administration.

2. The Plaintiff is the wife of the deceased who had initially filed Testamentary Petition No.1360 of 2016 ('the said Testamentary Petition') for the grant of Letters of Administration in respect of the said Will. The Plaintiff and the deceased had five sons. The Defendants are four sons of the deceased all of whom who have filed caveats opposing the grant of Letters of Administration to the Plaintiff. The grant of Letters of Administration based on the said Will is essentially opposed on the following grounds viz., (a) that the Defendants did not believe that the signature appearing on the said Will was the genuine signature of the deceased, (b) that the Plaintiff was acting at the behest of

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