Kashinath Ghosh vs Bhagirathi Mondal - 2022 Supreme(Cal) 1178

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1178

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Kashinath Ghosh – Appellant
Versus
Bhagirathi Mondal – Respondent

Advocates appeared:
Anit Rakshit, Advocate, Chandan Misra, Advocate, Sarda Sha, Advocate, Asit Kumar Routh, Advocate, Tulshidas Ray, Advocate, Tirthankar Roy, Advocate

JUDGMENT

Partha Sarathi Chatterjee, J. - The present appeal arises out of the judgment passed by the learned Additional District Judge, 2nd Court, Nadia in O.S. no. 11 of 2000 whereby the prayer for grant of probate was turned down.

2. Before we delve into the contour of controversies involved in the appeal, we may notice the facts of the case in brief, which are as follows :

a. One Kashinath Ghosh filed one application for grant of probate in respect of last Will and testament of Kshudiram Ghosh on 02.05.2000 before the District Delegate, Ranaghat, Nadia and the said application was registered as Misc. Case no. 111 of 1997 (Probate) but the proceeding became contentious since one Bhagirathi Mandal filed written objection with a view to impeach the Will and then the said case was ultimately transferred to the learned Court below and was registered as O.S. no. 11 of 2000;

b. In the application, it was recited that Kshudiram Ghosh (hereinafter referred to the testator) during his life time by executing one Will bequeathed his estate in favour of the petitioner, namely, Kashinath Ghosh (hereinafter referred to as the petitioner) and the testator expired on 12.02.1996 at his permanent plac

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