Advocates:
['DEEPALI V SAPKAL', '', 'FOR/LRS OF P', 'SUMIT B GANDHE', 'FOR/P', 'ABHAY V BHIDE', 'AA BHIDE/R']

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230-J-FA-305-05.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR

FIRST APPEAL NO. 305 OF 2005

1.

Kantilal S/o Chhotalal Patel (Dead)

Aged about 68 years,

Occu. Business,

LRs of Appellant No.1

1(1)Smt. Lalitaben Kantilal Patel (Wife)

Aged about 82 yrs, Occ.: Household,

1(2)Smt. Ranjanben Rameshlal Patel

(Daughter),

R/o Sunil Co-operative Housing

Society, Above Kans, Isanpur,

Ahemdabad.

1(3)Smt. Sudhaben Patel (Daughter),

Aged about 47 yrs, Occ:Household,

R/o At Post Khadana, Tq. Petlad,

District : Anand, Gujrat.

1(4)Shri Umesh Kantilal Patel (Son),

Aged about 54 yrs, Occ: Business,

R/o Opposite Gandhi Chouk,

Main Road Khamgaon 444303.

1(5)Smt. KalpanaHarnish Patel

(Daughter),

(Amendment carried

Aged about 50 yrs, Occ: Household, out as per Court

R/o Desplain, ILL, Chicago-USA.

order dt.4/6/19.)

2.Naginbhai S/o Chhotalal Patel,

Aged about 56 years, Occ. Business

Both the appellants are resident

Of Main Road, Khamgaon,

Tq. Khamgaon, Distrcit:Buldhana.

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230-J-FA-305-05.odt

3.M/s Dhanvantari Tobacco Products,

Through its Partner

Kantilal Chhotalal Patel,

Resident of Main Road, Khamgaon,

Tq. Khamgaon, Distt. Buldhana.

APPELLANTS

(Org.Deft.Nos.1, 2 & 7)

// VERSUS //

1]Madhuben W/o Kanubhai Patel,

Aged about 50 years,

Occu. Household Resident of C/o

Aasam Tea and Tabacco Company,

Near Kedar Talkies, Warud,

Tq. Warud, District - Amravati.

(Org. Plff. No.1)

2]Jasodaben W/o Jasbhai Patel,

Aged : 53 years, Occu.Household,

Resident of 7 Mandar Apartment,

Swati Panch Rasta, Near UCO Bank,

Navrangpura, Ahmedabad,

Tq. & Distt. Ahmedabad (Gujrat)

(Org. Plff. No.2)

3]Purushottam S/o Chhotabhai Patel

(Dead), Aged 64 years,

Occu. Business.

(Org. Deft. Nos.3)

3(1) Keshav Purushottambhai Patel

(Son), Aged about 57 years,

Occ. : Business.

3(2) Jagdish Purushottambhai Patel,

(Son) Aged about 53 years,

Occ : Business.

3(3) Jitesh Purushottambhai Patel,

(Son), Aged about 42 years,

Occ : Business,

All Resident of Mangal Tea,

(Amended as per Courts

Opp. Mohan Talkies, Main Road,

order dt. 24.08.2018)

Khamgaon, Tah. Khamgaon,

District - Buldhana.

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230-J-FA-305-05.odt

4]Rmeshbhai S/o Chhotabhai Patel,

Aged 58 years, Occu. Business,

Respondent Nos.3 and 4 are

Resident of C/o Mangal Tee Depot,

Near School No.1, Khamgaon, Tq.

Khamgaon, Distt. Buldhana.

5]Smt. Chanchanben wd/o Chhotabhai

Patel, Since Dead Through L.R.

5A) Shardaben w/o Ishwarbhai Patel,

R/o C/o Patel Traders, Station

Road, At Post Sarangpur,

District : Rajgarh, (M.P.)

6]Central Bank of India,

Khamgaon, Through its Branch

Manager, Jalalpura, Main Road,

Khamgaon, Tq. Khamgaon,

Distt. Buldhana.

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Ms. Deepali V. Sapkal, Advocate for appellants.

Shri A. V. Bhide, Advocate for respondent Nos.1 and 2.

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CORAM: V. G. BISHT, J.

JUDGMENT RESERVED ON : 07/03/2022.

JUDGMENT PRONOUNCED ON : 21/03/2022.

JUDGMENT :

1.

This First Appeal is directed against the Judgment

and order dated 16/04/2005 passed by the Civil Judge, Senior

Division, Khamgaon in Probate Case No.7/1993. The petition for

probate was preferred by respondent Nos.1 and 2, who are

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230-J-FA-305-05.odt

daughters, applying for probate in respect of Will dated

22/10/1991 executed by their father Chhotalal Patel, who died on

13/05/1992 at Khamgaon, whereunder various movable and

immovable properties, as per Schedule-A, B and C, annexed to the

probate petition, have been bequeathed in their favour.

2.

According to respondent Nos.1 and 2, all the

abovesaid movable and immovable properties were owned by

their father as owner and the same were bequeathed in their

favour by registered Will dated 22/10/1991. Therefore, they

prayed for issuance of probate in their favour.

3.

The said petition was resisted by the appellants.

They d