LAWS(BOM)-1998-1-147

KUSUM HARI RATNAPARKHI Vs. VITHAL VISHNUDAS DEVI

Decided On January 21, 1998
Kusum Hari Ratnaparkhi Appellant
V/S
Vithal Vishnudas Devi Respondents

JUDGEMENT

(1.) This Appeal arises from a common Judgment dated 30th September 1987 passed in Special Civil Suit No.143 of 1981 and Misc. Application No.145 of 1980, which is an application for Probate and Succession. That was based on a purported Will dated 11th November, 1966 whereby the late Yashwant Kulkarni left his estate in favour of his grand son Suhash Hari Ratnaparkhi. The application for probate has been rejected and an appeal has been preferred there to.

(2.) On a perusal of the Judgment of the trial Court it is seen that the Will was not attested to by two witnesses as required. On this ground alone the trial Court has rejected the application for probate. I see no infirmity with the Judgment of the trial Court on that count and hence First Appeal No.1283 is dismissed.

(3.) Parties to bear their own costs.