SHAIKH MOHAMMAD AZAHAR Vs. ISHWAR PRALHAD DHAM

JUDGEMENT

(1.) This Revision Application is directed against an Order dated 19 th October 2023 passed by the learned Civil Judge, Senior Division, Pune in CMA No. 645 of 2022, whereby an Application (Exhibit "29") preferred by the applicant-respondent no.2 under the provisions of Order VII Rule 11 of the Code of Civil Procedure 1908 ("the Code"), came to be rejected.

(2.) Ashok Chokshi (the Testator) was endowed with movable and immovable properties. The Testator passed away on 13 th November 2016, purportedly unmarried. Respondent Nos. 3 and 4 herein had preferred an Application for grant of Probate bearing CMA No. 645 of 2022, in respect of the purported last Will and Testament of the Testator dtd. 18/4/2013.

(3.) The applicant appeared in the said Probate Application and filed a Caveat. In view of the objection to the grant of Probate, the said Application was converted into a Suit being SCS No. 1790 of 2021. Thereupon, the Applicant-Defendant No.9 in the said Suit filed a Say and Counter-claim in the said Suit. The Applicant propounded a purported Will dtd. 28/10/2016, under which the Testator had appointed the Applicant as an Executor. The Applicant thus prayed for grant of Probate in respect of the said Will dtd. 28/10/2016.