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2008 Supreme(Ori) 540

S.B.SINHA, CYRIAC JOSEPH
Lalitaben Jayantilal Popat – Appellant
Versus
Pragnaben Jamnadas Kataria – Respondent


JUDGMENT

S.B. SINHA, J. — 1. Leave granted.

2. This appeal is directed against the judgment and order dated 26.6.2006 passed in FA No.110 of 2000 and FA No.124 of 2000 by the High Court of Gujarat at Ahmedabad dismissing appeals filed against a common judgment and order dated 23.2.2000 passed by the learned Civil Judge (SD) Rajkot allowing the Civil Miscellaneous Application No.25 of 1996 and dismissing the Civil Miscellaneous Application No. 26 of 2006.

3. One Purshottam Manji Thakrar was the owner of the property. He purported to have executed a Will on or about 15.4.1978 in favour of the respondents. He left behind his two sons (Jamnadas and Jayantilal) and two daughters (Kasturben and Lalita - appellants herein). Purshottam Manji Thakrar died on 30.11.1984. His wife had predeceased him. Jamnadas died leaving behind his wife, Jasumati (Respondent No.3) and two daughters, Pragna and Bina (Respondent Nos.1 and 2 respectively). Jayantilal died issueless. He was a divorcee. He purported to have executed two Wills; one on 31.1.1995 propounded by the appellant and the other on 18.6.1995 propounded by respondents. Kasturben died on 19.12.1995.

4. Respondents filed an application fo





















































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