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2017 Supreme(Cal) 406

NISHITA MHATRE, TAPABRATA CHAKRABORTY
Priyamvada Devi Birla, deceased – Appellant
Versus
Ajay Kumar Newar – Respondent


Advocates Appeared:
For the Appearing Parties:Anindya Kumar Mitra, Pratap Chatterjee, Malay Kumar Ghosh, Abhrajit Mitra, Samaraditya Pal, Hirak Mitra, S. P. Sarkar, Senior Advocates, Debanjan Mandal, Sanjiv Kumar Trivedi, Jishnu Chowdhury, Soumya Ray Chowdhury, Sarvapriya Mukherjee, Satadeep Bhattacharya, Aritra Basu, Vineeta Meharia, Suchismita Ghosh, Malay Seal, Pradip Kr. Khaitan, D.N. Sharma, Krisnananda Mukherjee, Advocates.

JUDGMENT :

NISHITA MHATRE, J.

1. These appeals are directed against the judgment and Order passed on 21st April, 2011 in G.A. No. 2444 of 2010, G.A. No. 2525 of 2010, G.A. No. 2909 of 2010 and G.A. No. 2911 of 2011. Since common questions of fact and law are involved in these appeals, they have been heard together.

2. The facts relating to these appeals are as follows:

Mutual Wills were executed on 13th July, 1982 by Madhav Prasad Birla (hereinafter referred to as the MPB) and his wife, Priyamvada Devi Birla (hereinafter referred to as the PDB). Each of them nominated four executors of their respective Wills, one of whom was the spouse. Two executors, Kashinath Tapuria and Pradip Khaitan, were common in both the Wills. MPB nominated Krishna Kumar Birla as the fourth executor while PDB nominated Ganga Prasad Birla.

3. MPB died on 30th July, 1990.

4. The appellants contend that on 18th April, 1999 PDB executed another Will which was registered. The executor and beneficiary of that Will was one Rajendra Singh Lodha. A Codicil was executed by PDB on 15th April, 2003. A year later, on 3rd July, 2004 PDB expired. On 12th July, 2004, the heirs of PDB learnt about the new Will executed by her on





































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