AMITA Vs. ARVIND

JUDGEMENT

(1.) This appeal is by the plaintiff in O.S. No.3/2010 on the file of the I Additional District Judge, Belagavi (for short, 'Civil Court', which is dismissed by the Civil Court by the impugned judgement. As such, this first appeal.

(2.) The appellant filed a petition under section 276 of the Indian Succession Act, 1925 for grant of Probate Certificate in respect of the Will dated 24.1.2002 (registered as Document No. BK-III-144/2001-2002) executed by Ms. Gulab Sripad Deshpande stating that this Will dated 24.1.2002 was produced in a civil suit in OS No.80/2000, a proceeding initiated by Ms. Gulab Sripad Deshpande for partition and declaration as detailed later on in this judgement. The respondent Nos.1 to 4 did not contest the petition. However, the respondent No. 5 to 7 came on record and chose to contest the petition. Therefore, the petition was registered as a suit in OS No. 3/2010, which is dismissed by the civil Court.

(3.) The appellant's case is that Ms Gulab Sripad Deshpande is her father's sister. Her father died in the year 1974. The appellant, her brother and sisters were educated by her aunt, Ms. Gulab Sripad Deshpande, who was not only residing in a part of the property bearing CTS No. 279, 1st Railway Gate, Tilakwadi, Belgaum but had also rented out other premises in this property. Ms Gulab Sripad Deshpande was afflicted with leprosy in her childhood, but she was cured entirely. However, Ms Gulab Sripad Deshpande remained a spinster and died on 6.1.2007.