PANDURANG GUNDA PATIL Vs. DUTTA DADA PATIL

JUDGEMENT

(1.) The parties to both these appeals are the same, both the appeals relate to the Wills of the same person. Therefore, both these appeals can be conveniently disposed off by a common order.

(2.) Rama Krishna Patil, resident of Sangli, owned movable and immovable properties. Dattu Dada Patil, Raghunath Dada Patil, ramchandra Dada Patil, Pandurang Dada patil, Laxman Dada Patil, Narayan Dada Patil and Dhondiram Akaram Patil (hereinafterreferred to as the applicants) filed Miscellaneous Application No. 1 of 1976 for grant of letters of administration in relation to the Will dated 25th May 1972 alleged to have been executed by Rama Krishna Patil who expired on 10th February 1975. It appears that by that Will dated 25th May 1972, Rama krishna Patil had bequeathed a part of his property to the applicants. To this application, pandurang Gunda Patil, Nivrutti Gunda patil, Ganpati Gunda Patil, Vasant Gunda patil and Smt. Tanubai Gunda Patil were joined as opponents (hereinafter referred toas the opponents). The application for letters of administration filed by the applicants was opposed by the opponents. The Will in relation to which the letters of administration was claimed is a registered Will. The principal defence was that on 25th May 1972, the date on which the Will was alleged to be executed, the said Rama Krishna Patil was in hospital. In support of their case, the applicants examined Raghunath Dada Patil, who was one of the applicants, Kashinath patankar who had scribed the Will and baburao Patil who attested thumb impression of the testator on the Will. The opponents examined one of them, i. e. Pandurang gunda Patil. The Joint Civil Judge, Senior division, Sangli by his judgment dated 3rd august 1982 granted the application and issued letters of administration as prayed for. Against the judgment of the trial Court, First appeal No. 2573 of 1983 was preferred in this Court. The learned Single Judge of this court by order dated 10th February 2000 dismissed that appeal. Challenging the order of the trial Court and the learned Single Judge, present letters patent appeal being Letters Patent Appeal No. 161 of 2001 has been filed.

(3.) Miscellaneous Application No. 151 of 1976 was filed by the applicants, also for grant of letters of administration in relation to the Will left behind by the same Rama krishna Patil dated 6th February 1975 whereby, it appears, he bequeathed the property that remained with him and was not disposed off by the earlier Will dated 25th May, 1972. As observed above, Rama Krishna patil died on 10th February 1975. The Will dated 6th February, 1975 in relation to which miscellaneous Application No. 151 of 1976 was filed is also a registered Will. To this application also, the opponents were joined as opponents, they contested the application. The principal defence was that on 6th February, 1975, the date on which the testator is alleged to have made the Will, he was not of sound and disposing mind. In support of their case, the applicants examined one of them i. e. Dhondiram Akaram Patil, they also examined Sitaram Govind Patil who had attested the thumb impression of the deceased on the Will and Kashinath Patankar, who has scribed the Will. Miscellaneous Application no. 151 of 1976 was decided by the Joint civil Judge, Senior Division, Sangli by his judgment dated 8th February 1983. The trial court rejected the application. Feeling aggrieved by that judgment, the applicants preferred First Appeal No. 353 of 1983. That first appeal was decided by the learned Single judge of this Court by order dated 8th February 2000. The learned Single Judge dismissed the first appeal. Challenging the order passed by the trial Court and the learned single Judge, Letters Patent Appeal No. 162 of 2001 has been filed.