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S. K. PANIGRAHI
Through Hybrid Mode Sukanti Dash – Appellant
Versus
Pradip Kumar Dash – Respondent
JUDGMENT
Dr. S.K. Panigrahi, J.—The Appellants are challenging the judgment dated 06.02.2019 passed by the learned Civil Judge (Senior Division), Bhubaneswar in C.S. No.8870 of 2018 (arising out of Probate Misc. Case No.02 of 2010), whereby their application for probate was dismissed.
I. Factual Matrix of the Case:
2. The brief facts of the case are as follows:
(i) The Appellants are the daughters-in-law of Late Jayakrishna Dash. Respondent Nos. 1 to 4 are his sons, and Respondent Nos. 5 and 6 are his daughters.
(ii) According to the Appellants, although Late Jayakrishna Dash was admitted to hospital on 21.02.2008, he remained in sound physical and mental health and, acting of his own volition, executed a registered Will bearing Registration No. 25 dated 23.02.2008, bequeathing his selfacquired properties to them out of love and affection.
(iii) Late Jayakrishna Dash was discharged from the hospital on 26.02.2008 and passed away on 31.01.2009.
(iv) Thereafter, the Appellants filed a probate petition bearing Test (Probate) Misc. Case No. 2 of 2010 before the District Judge, Khurda at Bhubaneswar on 11.01.2010. Upon contest, the matter was renumbered as C.S. No. 8870 of 2015
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