VISHWANATH DADU GURAV Vs. DATTATRAY GANAPATI GURAV

JUDGEMENT

(1.) These appeals are directed against order dated 14.3.2012 whereby the High Court of Judicature at Bombay has dismissed the Writ Petition No. 2576 of 2003, affirming the order dated 17.10.1997, passed by the Third Additional District Judge, Kolhapur, in Regular Civil Appeal No. 124 of 1991. Appellants have further challenged order dated 7.1.2014 passed by the High Court whereby Review Petition Stamp No. 33147 of 2012 (in Writ Petition No. 2576 of 2003) is dismissed.

(2.) We have heard learned counsel for the parties and perused the papers on record.

(3.) Briefly stated, one Chandrabai, issueless widow, resident of Khochi, Taluka Hatkanangale, District Kolhapur, died on 2.12.1984. She was owner of certain properties in the Village. An application was moved under Section 276 of Indian Succession Act, 1925 before Civil Judge, Senior Division, Kolhapur, by appellant Vishwanath Dadu Gurav who sought probate of Will dated 11.9.1984, said to have been executed by Chandrabai. In said application, which was registered as Civil Application No. 20 of 1989, the appellant pleaded that Chandrabai, widow of Annappa Gurav was his cousin aunt, and she used to live with him. Chandrabai and her husband, being issueless, were maintained by the appellant till their death. It is also pleaded that a Will dated 11.9.1984 was executed in a sound condition of mind by Chandrabai in the appellant's favour in respect of properties mentioned in the application in presence of Dr. B.A. Herwade (PW-2), and two witnesses, namely, Mahadev Ramngiri Gosavi (PW-4) and Dinkar Shripati Patil. The deed was written by one Sayed. Out of the two attesting witnesses Dinkar Shripati Patil died on 24.5.1985. On the basis of Will, the appellant got his name entered in the revenue record in respect of property in question, vide mutation entry No. 1637 dated 25.1.1985, but on the objection of respondent the entry was cancelled. Therefore, the petition for probate was filed by the appellant.