SULABHA RAMCHANDRA JADHAV Vs. KALIDAS DNYANDEO PATIL

JUDGEMENT

(1.) RESPONDENT No. 1 Kalidas Dnyanadeo Patil filed a petition for grant of probate of Will of his deceased uncle Ganpat Laxman Patil executed on 25th April 1978. Deceased Ganpat Laxman Patil father of the original petitioner by name Dnyanadeo Laxman Patil were the real brothers and were residing together. The petitioners mother died when petitioner was a child and he was brought up by deceased Ganpat Laxman Patil (his uncle), and Ganpats wife Gojabai. Deceased Ganpat being elder brother was looking after the entire family. He was working as a head clerk in the office of the Registrar in Kolhapur State for some years and thereafter, he was working with the Kolhapur Municipal Council. Opponent Nos. 1 to 6 are the daughters of deceased Ganpat. Ganpat did not have son and has left behind the daughters. Even during the life time of Ganpat some of his daughters were trying to get possession of his property, and therefore, deceased Ganpat had filed Regular Civil Suit No. 878 of 1977 against opponent No. 2 Sau Sheela Rohidas Kadam, and therefore, deceased Ganpat was against his daughters and he executed a Will of his property in favour of the petitioner. By the said Will the responsibility of opponent No. 6 was given to the petitioner which he is ready and willing to discharge.

(2.) THE said petition was opposed by some of the daughters of deceased Ganpat, and original opponent Nos. 1, 2, 3 and 5 appeared and filed written statement and contested the claim, and although, contested the application on various grounds it is not material to go into the details of those grounds, as this appeal has to be decided on preliminary point of jurisdiction.

(3.) THE petition was filed in the trial Court on 25-8-1978. The property was valued Rs. 22,000/ -. It was valued for the purpose of jurisdiction. This appeal against the order of probate was filed in this Court on 24-2-1983.