RADHABAI VITHAL WAIKAR Vs. LATE LAXMANRAO SHANKARRAO SHINDE

JUDGEMENT

(1.) The prayers in this civil applications are as follows.

(2.) Few facts which are required to be stated for the purpose of disposal of this civil application are as under.

(3.) One Mrs. Zende executed a Will on 9th September, 1982. One Mr. Laxmanrao S. Shinde was sole beneficiary under the said Will. He filed Misc. Application No.640 of 1987 in the Court of Civil Judge, Senior Division, Pune for probate. This application was rejected by the learned Civil Judge, Senior Division, Pune by order dated 6th January, 1992. Said Laxmanrao was aggrieved by the said order and therefore, he filed Civil Appeal No.558 of 1992 in the District Court at Pune. The learned 5th Additional District Judge by judgment and decree dated 20th January 1995 allowed the said civil appeal and granted probate in favour of Laxmanrao in regard to the Will executed by Smt. Zende on 9th September, 1982. Present applicant Mrs. Waikar and Mrs. Pawar were parties to the original Misc. Application No.640 of 1987. On account of the grant of the Civil Application as aforesaid and the grant of probate, Mrs. Waikar and Mrs. Pawar were aggrieved. Mrs. Waikar filed Second Appeal No.185 of 1995 in this Court challenging the judgment and order passed by the learned District Judge dated 20th January, 1995. That second appeal was dismissed on merits on 25th April, 1996. Mrs. Pawar had filed Second Appeal No.333 of 1995. It was dismissed on 25th July 1996. These two orders passed in the aforesaid Second Appeals have been confirmed in the Supreme Court in as much as the proceedings filed against the second appeal have also been dismissed.