(1.) By way of this first appeal under sec. 96 of the Code of Civil Procedure, 1908 ("CPC" for short) along with provisions of Indian Succession Act, 1925 ('the Act, 1925' for short) deceased - appellant Harishchandra Pednakar questions legality and proprietary of judgment drawn by learned Judge, City Civil Court, Ahmedabad dtd. 16/3/1995 in Civil Suit No.1601 of 1986 (Probate Application No.558 of 1982), whereby, learned Judge granted probate of property mentioned in Will in favour of deceased - Bhaskar Pednekar respondent herein (expired during pendency of this appeal).
(2.) Mr. Bhaskar Pednakar was plaintiff and Mr.Harishchandra Pednakar was defendant before the learned Trial Court.
(3.) For sake of convenience, parties are referred to their original status before the learned Trial Court.