LAWS(BOM)-2005-2-146

NANIK WADHUMAL ALIMCHANDANI Vs. SAVITRI PREM MIRCHANDANI

Decided On February 03, 2005
NANIK WADHUMAL ALIMCHANDANI Appellant
V/S
SAVITRI PREM MIRCHANDANI Respondents

JUDGEMENT

(1.) BY consent, the Appeal is admitted and heard forthwith.

(2.) THIS is an Appeal against the order of the learned Single Judge dated 10. 7. 2003 by which the learned Judge ordered that the above Miscellaneous petition No. 29 of 2001 does not survive in view of the withdrawal of the above main Petition No. 432 of 2000 and that the order passed in the main Petition granting probate in favour of the Petitioner was therefore revoked and cancelled.

(3.) THE Respondent was the Petitioner in the above petition No. 432 of 2000. That Petition was filed by the Respondent for probate of the alleged last Will and testament of one Jairam Wadhumal Alimchandani dated 18. 9. 1996, who died at Texas on 19. 9. 1997. The deceased is the brother of the parties. Under the alleged Will, the Respondent is the executor and the sole beneficiary. The probate was granted, by the order of this Court dated 24. 7. 2000.