SUBHASH HIRAJI JADHAV Vs. PADMAKAR HIROO JADHAV

JUDGEMENT

(1.) One Mr. Subhash Hiraji Jadhav and Mrs. Kumud Subhash Jadhav filed petition No. 603 of 1990 for Letters of Administration with a Will annexed in regard to the Will purported to have been executed by Hiroo alias Hiraji Laxman Jadhav on 3rd December, 1988. After the filing of the petition, citations were served upon the heirs of said Hiroo alias Hiraji Laxman Jadhav (hereinafter referred to as the "said deceased"). In all four persons i.e. Padmakar, present defendant, Smt. Indira, Mrs. Sumitra and Mrs. Meghana filled caveat jointly. Present defendant No. 1 Mr. Padmakar filed affidavit in support of the caveat for himself and on behalf of other caveators. It is in these circumstances, office while converting the testamentary petition in the suit showed the name of Padmakar H. Jadhav and others as the defendants. Hence, to the present suit Padmakar Hiraji Jadhav would be defendant No. 1, Smt. Indira Jadhav (since deceased) would be defendant No. 2, Smt. Sumitra (correct name Sunetra S. Surve) would be defendant No. 3 and Mrs. Meghana Vasant Shinde would be defendant No. 4.

(2.) In the affidavit in support of the caveat, with a view to oppose the grant of the petition following points were raised.

(3.) It is required to be mentioned that during the pendency of this suit, Subhash Jadhav, original petitioner No. 1 expired. He left behind him Mrs. Kumud and Akhilesh his son. Consequently, name of Akhilesh was brought on record as petitioner. Based on the text of the petition as well as affidavit in support of the caveat, following issues came to be framed on 19th December, 2007.