MARGARET BERNADITS REDRIGUES Vs. MINITS DAPHNE NETTO

JUDGEMENT

(1.) These two appeals are being disposed of by this common judgment, since they are directed against the same decree and judgment passed in a Probate proceedings under section 276 of the Indian Succession Act, 1925 (for short 'the Act'). The court below allowed the application for issue of probate in favour of common respondent No. 1/plaintiff in respect of Ext.A2 Will executed by Ancel D'Souza.

(2.) M.F.A. No. 699 of 2003 is at the instance of defendant No. 2 in the suit, while M.F.A. No. 11 of 2004 is at the instance of defendant No. 3.

(3.) It is contended by the appellants that the court below ordered issue of probate without proper application of judicial mind and ignoring the well settled principles of law and judicial precedents.