Smt. Akkatai Hariba Chavan vs Shantaram Shahaji Chavan
2023 Latest Caselaw 392 Bom

                      Tauseef Farooqui                                   21-FA.ST.21472.2021.doc
TAUSEEF
LAIQUEE
FAROOQUI
Digitally signed by           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TAUSEEF LAIQUEE
FAROOQUI                              CIVIL APPELLATE JURISDICTION
Date: 2023.01.11
17:03:15 +0530

                                    FIRST APPEAL (STAMP) NO.21472 OF 2021

                      Smt. Akkatai Hariba Chavan                      ...Appellant
                           V/s.
                      Shantaram Shahaji Chavan                        ...Respondent

                                                   WITH
                                    INTERIM APPLICATION NO.10465 OF 2022

                      Mr. Tejpal S. Ingale for Appellant.

                                               CORAM        :   AMIT BORKAR, J.

                                               DATE         :   JANUARY 10, 2023

                      P.C.:

1. The appellant initially filed appeal before the learned district court. The learned district court returned the appeal for filing at before this Court in view of judgment of this court in the case of Nola Jonathan Ranbhise Vs. Union of India, reported in (2014 (4) All M.R. 181).

2. The learned appellate court by order dated 23rd January 2017, granted stay to the impugned judgment and order. The said order of stay was to operate till the disposal of the appeal.

3. I have heard Mr. Ingale, learned advocate for the appellant. He invited my attention to the evidence of both the attesting witnesses. Both the attesting witnesses in the cross- examination feigned ignorance about the person who had read

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over will to the testator.

4. In that view of the matter, the appellant has made out a case for granting ad-interim relief. There shall be ad-interim relief in terms of prayer clause (a) until further orders.

(AMIT BORKAR, J.)

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