REGENT COMPUTRONICS PVT. LTD.

PRAVIN KUMAR KOTHARI Appellant

V/S

DIPTI BAVISHI Respondents

Referred Judgements :-

H VENKATACHALA IYENGAR VS. B N THIMMAJAMMA [REFERRED TO]
RANI PURNIMA DEBI VS. KUMAR KHAGENDRA NARAYAN DEB [REFERRED TO]
HEM NOLINI JUDAH SINCE DECEASED AND AFTER HER LEGAL REPRESENTATIVE MALLEAN WILKINSON VS. ISOLYNC SAROIBASHINI BOSE [REFERRED TO]
SHASHI KUMAR BANERJEE VS. SUBODH KUMAR BANERJEE [REFERRED TO]
SURENDRA PAL VS. SARASWATI ARORA [REFERRED TO]
INDU BALA BOSE VS. MANINDRA CHANDRA BOSE [REFERRED TO]
SARBATI DEVI VS. USHA DEVI [REFERRED TO]
CHIRANJILAL SHRILAL GOENKA VS. JASJIT SINGH [REFERRED TO]
RABINDRA NATH MUKHERJEE VS. PANCHANAN BANERJEE [REFERRED TO]
GURDIAL KAUR VS. KARTAR KAUR [REFERRED TO]
VISHIN N KHANCHANDANI VS. VIDYA LACHMANDAS KHANCHANDANI [REFERRED TO]
S SUNDARESA PAI VS. SUMANGALA T PAI [REFERRED TO]
MADHUKAR D SHENDE VS. TARABAI ABA SHEDAGE [REFERRED TO]
BONDAR SINGH VS. NIHAL SINGH [REFERRED TO]
RAMABAI PADMAKAR PATIL VS. RUKMANIBAI VISHNU VEKHANDE [REFERRED TO]
RAJGOPAL VS. KISHAN GOPAL [REFERRED TO]
BHAGAT RAM VS. SURESH [REFERRED TO]
MEGHMALA VS. G NARASIMHA REDDY [REFERRED TO]
BADAMI VS. BHALI [REFERRED TO]
AMANGENTI PRAMEELA VS. P VENKAR REDDY [REFERRED TO]
AJIT CHANDRA MAJUMDAR VS. AKHIL CHANDRA MAJUMDAR [REFERRED TO]
CHINMOYEE SAHA VS. DEBENDRA LAL SAHA [REFERRED TO]
EFARI DASYA VS. PODEI DASYA [REFERRED TO]
LEELA RAJAGOPAL VS. KAMALA MENON COCHARAN [REFERRED TO]

JUDGEMENT

(1.) This testamentary suit and an application filed by the defendant have been heard together. I propose to dispose of the defendant's application first before deciding the issues framed in the suit.

(2.) Pravin died in Texas, U.S.A., on 10 February, 2004. Ashok applied for probate of the said Will in this Court in April, 2004, by filing P.L.A. No. 116 of 2004. It appears that although the Special Citation issued on 23 April, 2004 was dispatched from the Sheriff's office for being served by registered post on Dipti at her U.S.A. address, the package containing the Special Citation was returned to the Office of the Sheriff, Calcutta High Court with the remark 'refused'. On 23 September, 2004, the said Will of Pravin was probated by this Court. On or about February 7, 2005, Dipti filed G.A. No. 389 of 2005 praying for revocation of grant of probate of Pravin's said Will. By a judgment and order dated February 20, 2006 passed by a Learned Single Judge, the grant of probate was revoked. Ashok's appeal against the said judgment and order was dismissed by a Division Bench of this court by a judgment and order dated 18 August, 2006. Subsequently, Dipti filed an affidavit in support of the caveat which she had lodged. The probate application became a contentious cause and was registered as T.S. No. 5 of 2007. By an order dated 19 June, 2008 a Learned Judge of this Court framed the following issues for adjudication:

(3.) Evidence was adduced by Ashok, Dipti, one Ganshyam Das Kejriwal (one of the two attesting witnesses) and one Raj Kumar Agarwal (the other attesting witness). By his Will, Pravin bequeathed all his properties movable and immovable, to Ashok and his wife Urvashi, except the amount of Rs.31 Lakhs which Pravin bequeathed to his daughter Dipti.

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PRAVIN KUMAR KOTHARI Vs. DIPTI BAVISHI

Referred Judgements :-

JUDGEMENT

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