Mr. Sushil Shantaram Sontakke vs Mr. Satish Shantaram Sontakke
2023 Latest Caselaw 341 Bom

                                                                1-fa457-2019.doc


 VRJ
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

                    FIRST APPEAL NO.457 OF 2019
                                WITH
                  CIVIL APPLICATION NO.568 OF 2019
                                 IN
                    FIRST APPEAL NO.457 OF 2019


 Sushil Shantaram Sontakke                      ... Appellant
            V/s.
 Satish Shantaram Sontakke                      ... Respondent


 Mr. Ashok B. Tajane for the appellant.
 Mr. Shishir S. Manjrekar for the respondent.

                               CORAM : AMIT BORKAR, J.

                               DATED      : JANUARY 9, 2023
 P.C.:

 1.      Admit.

2. On perusal of the impugned judgment, it appears that prima facie there is no material on record to show that any witness has stated that the will was dictated by the testator in his presence and accordingly it was typed by the scribe. The evidence of the scribe is not on record of the learned Trial Court. Hence, the appellant has made out a case for grant of interim relief.

3. There shall be interim relief in terms of prayer clause (1), except last clause of prayer clause (1), which reads as under:

"1. Ad-interim stay may kindly be granted in favour in favour of the Appellant and thereby impugned order dated

1-fa457-2019.doc

17/12/2014 passed by Learned Lower Court in Misc. Application No.1110/2011 may kindly be stayed till final decision of the Appeal on merit."

4. Liberty to apply for early hearing.

(AMIT BORKAR, J.)