(1.) Judgment dtd. 22/1/2009 passed by the Division Bench of the High Court of Bombay in Appeal No.574 of 2003 as per which it reversed the judgment dtd. 7/3/2003 of a learned Single Judge of the High Court in Testamentary Suit No.33 of 1999 is under challenge in this appeal.
(2.) Heard the learned Senior Counsel appearing for the appellants and the learned counsel appearing for the respondent.
(3.) To avoid convolution and to confine the consideration only within the scope of the Testamentary Suit which was decided by the learned Single Judge of the High Court, we refer to the facts succinctly only for the disposal of this appeal in terms of what is observed hereinbefore.