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2023 Supreme(MP) 414

VIJAY KUMAR SHUKLA
Gayatriraje Puar (Smt. ) – Appellant
Versus
Shailjaraje Puar – Respondent


Advocates:
Vijay Kumar Asudani for petitioners; Ravindra Singh Chhabra with Mudit Maheshwari for respondent No. 1; Pourush Ranka for respondent No. 2.

ORDER

1. The present petition is filed under Article 227 of the Constitution of India being aggrieved by the order dated 10.8.2023 passed by II ADJ, Dewas in RCS No. 101A/2021 whereby the application filed by the petitioners under section 10 of Code of Civil Procedure (hereinafter referred to as CPC), 1908 has been rejected.

2. Facts of the case are that the petitioner No.1 is widow of Late Shri Tukoji Rao Puar who is daughter in law of late Shri Krishnaji Rao Puar. Petitioner No.2 and 3 are son and daughter of late Shri Tukoji Rao Puar. The respondent Nos.1 to 3 are daughters of Shri Krishnaji Rao Puar and sisters of Late Shri Tukoji Rao Puar. It is stated that late Shri Krishnaji Rao Puar had executed a will dated 6.6.1988 thereby bequeathing all his properties in favour of his son late Shri Tukoji Rao Puar, husband of petitioner No.1. On the basis of said will, the petitioners filed an application for grant of probate/letter of administration under section 276 and 278 of the Indian Succession Act, 1925 on 5.7.2018 before ADJ, Alot. The respondent Nos.1 to 3 filed reply to the probate application challenging the probate on the ground that will dated 6.6.1988 is forged and fabricat

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