VYANKATRAO NARAYANRAO BATTUL Vs. PRABHURAO NARAYANRAO BATTUL

JUDGEMENT

(1.) Heard learned advocate Mr. Yogesh G. Kanade for the petitioner, learned advocate Mr. Pravin P. Panchal for the respondent No.1 and learned AGP Ms. Suman Motla for the respondent No.2 - State.

(2.) The present petitioner has challenged the impugned order passed below Exh.9 in Civil Misc. Application No.52 of 2020, whereby, the trial Court has rejected the application filed by the petitioner, which was sought to examine one witness in support of his Will.

(3.) Learned advocate Mr. Yogesh G. Kanade for the petitioner has submitted that the petitioner is aged about 75 years old and respondent No.1, who is real brother of the petitioner, is aged about 80 years old, and therefore, there is extreme urgency in the present proceedings as both the petitioner and the respondent have filed application for probate. He has also submitted that considering the said, if any one witness, who has attested the will, is examined, then the entire issue can be resolved, and therefore, he has prayed that the trial Court has committed gross error in not considering this aspect and has erroneously rejected the application filed by the petitioner and also erred imposing cost of Rs.5,000.00 on the present petitioner, and therefore, he prays to allow the present petition filed by the petitioner.