MALTIVAHUJI Vs. KALINDIVAHUJI

JUDGEMENT

(1.) This Civil Revision Application under sec. 115 of the Code of Civil Procedure is directed against the order below. Ex. 150 and 152 in Civil Miscellaneous Application No. 11 of 1982 pending in the Court of Civil Judge (S.D.) Porbandar.

(2.) Civil Miscellaneous Application is filed in the Trial Court for Probate in respect of a will allegedly executed by late husband of present petitioner Shrimati Malti Vahuji. Her late husband Goswami Govardhaneshji Girdharlalji has executed a will under which the present petitioner is appointed administrator of the properties left behind by the deceased. The petitioner has therefore filed on 25.1.1982 aforesaid Application for Probate under sec._ of the Indian Succession Act. In response to the public notice which was issued in the news paper one Goswami Natvargopalji Govardhandasji (since deceased) filed his objections and since he died during the pendency of the proceeding his widow present respondent No. 1 was added as respondent. Respondent No. 2 being the step son and respondent No. 3 being the step daughter of late Goswami Govardhandasji have supported the objections filed by the Respondent No. 1.

(3.) It must be staled at this stage that the said objector Goswami Natvarlalji Govardhaneshji (since deceased) instituted Special Civil Suit No. 9 of 1982 for partition of coparcenary properties inter alis contending that movable and immovable properties left behind by deceased Goswami Govardhaneshji were ancestral properties in his hand and as son of deceased Govardhaneshji he has his share in coparcenary properties.