Dr. Shri. Girish Rajaram Pathade And Nr vs Nil
2024 Latest Caselaw 2596 Bom

Bombay High Court

Dr. Shri. Girish Rajaram Pathade And Nr vs Nil on 29 January, 2024

Author: M. M. Sathaye

Bench: M. M. Sathaye

                                                                                    28-CAF-2199-2015doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                             FIRST APPEAL NO. 499 OF 2016

                    Dr. Girish Rajaram Pathade And Ors.                       ...Appellants
                           Versus
                    Nil                                                       ...Respondent

                                                  ****

YUGANDHARA SHARAD Mr. Ravi P. Kadam for the Appellant. PATIL ****

CORAM : M.M.SATHAYE J.

DATE : 29th JANUARY 2024 13:15:37 +0530

P.C. :

1. This is an Appeal filed by original Applicants arising out of Probate Application No. 18 of 2012 for issuance of Probate Certificate in respect of Will dated 11.09.2011 of late Shailaja Damodar Dixit. Appeal is filed challenging the Judgment and Order dated 14/10/2014, passed by Civil Judge, Senior Division, Satara in the said probate Application.

2. It is the case of the Appellants that Appellant No. 1 is brother of deceased Shailaja and Appellant No. 2 was her tenant, who during her life time was dealing with financial transactions of late Shailaja.

3. Learned counsel Mr. Kadam submitted that Probate Application is rejected on unfounded suspicions. He submitted that Appellants have proved the Will in question, by examining Mr. Kanetkar and Mr. Gune who are the attesting witnesses. He

28-CAF-2199-2015doc

submitted that the evidence on record has not been properly appreciated.

4. Considering the narrow controversy involved in the matter, Call for Record and Proceedings.

5. Stand over to 27/02/2024 for further consideration.

[M.M.SATHAYE,J.]