Somnath Nanda Naik Palang vs Radhabai Purshottam Naik Palang ...
2006 Latest Caselaw 962 Bom

Citation : 2006 Latest Caselaw 962 Bom
Judgement Date : 25 September, 2006

Bombay High Court

Somnath Nanda Naik Palang vs Radhabai Purshottam Naik Palang ... on 25 September, 2006

Equivalent citations: 2006 (6) BomCR 672

Author: K P.V.

Bench: K P.V.

JUDGMENT

Kakade P.V., J.

1. Rule. Rule made returnable forthwith.

2. Heard the learned Counsel for both the parties. This is an appeal preferred against the order passed by the Civil Judge, Senior Division in Inventory Proceeding No. 1/1992/A, adjudicating applications at Exhibits 44, 49 and 56 which were disposed of by common order as they were interconnected.

3. After hearing both the parties for sometime, it is pointed out that the validity of the will involved in this dispute is being adjudicated in Appeal No. 247/2006 pending before the District Court. It is also found that the impugned order cannot stand and by consent the impugned order passed by the lower Court is set aside and the matter is remitted to the Inventory Court for adjudication according to law pertaining to Exhibits 44, 49 and 56.

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