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SANDEEP KUMAR
Jitendra Narain Singh – Appellant
Versus
Tileshwari Kuer – Respondent
Sandeep Kumar, J. – The instant First Appeal has been filed by the original appellant / plaintiff namely, Chuman Narain Singh against the judgment and decree dated 22.02.1999 passed by the 2nd Additional District Judge, Aurangabad, in Title Suit (Probate) Case No.03 of 1979 (01 of 1993), whereby the grant of probate was refused by the learned Judge upon determining that the property as defined under the Will dated 25.08.1977 to be an undivided property.
2. During the pendency of this appeal, the original appellant / plaintiff namely, Chuman Narain Singh died. Vide order dated 09.01.2013, a coordinate Bench of this Court allowed two Interlocutory Applications i.e. I.A. Nos. No.7066 of 2007 and 213 of 2012 for substitution of legal heirs of the deceased- appellant and accordingly, the legal heirs of original appellant are on record.
3. The facts of this case, as culled out from the records of the case, are that on 25.08.1977, a Will was executed by one Matukdhari Singh who was the maternal uncle of the executor and the original appellant/plaintiff namely, Chuman Narain Singh. In the said Will, one Pukar Narain Singh and Kishore Narain Singh were also legatees. Thereafter, the Will was
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