PRALHAD GANPAT SALGAR Vs. SUNIL DILIP KAKOD

JUDGEMENT

(1.) Heard finally by consent of the parties.

(2.) The Appeal is directed against the order passed by the learned Single Judge dated 1 March 2018 in Notice of Motion No. 228 of 2017 in Testamentary Suit No. 173 of 2017. The Appellant filed a Testamentary Suit No. 173 of 2017. The Respondent herein filed Notice of Motion No. 228 of 2017 in Testamentary Suit No.173 of 2017 praying for following reliefs:-

(3.) The Respondent herein pleaded in the affidavit in support of Notice of Motion that as the Appellant herein has failed to comply with the mandatory provisions of Section 281 of Indian Succession Act, 1925, the Probate Petition be dismissed. Paragraphs 3, 4 and 5 of the said affidavit in support of Notice of Motion is reproduced herein below:-