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Vishwanath Dadu Gurav (D) Th. LRs & Ors. v. Dattatray Ganapati Gurav

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 9190-9191 of 2015)Decided 16 Nov 2015
Civil Appeal Nos. 9190-9191 of 2015
Justice Dipak Misra · Justice Prafulla C. Pant

Background

This order sends the case back; it does not decide the dispute. The dispute concerns a probate application for a Will allegedly made by a widow in favour of the appellant. There was also a question about challenging an appellate order through a writ petition.

Decision Breakdown

This is not a final decision on the dispute. The Court refused to let the appellants add grounds on the merits to a writ petition after it had been disposed of. It set aside the High Court's approach and sent the appeals back to the Additional District Judge, Kolhapur, to decide them afresh after re-appreciating the evidence. It expressed no opinion on the final merits of the case.

Lesson Learnt

There is no final ruling yet on the Will dispute, which the first appellate court must decide afresh.

Official source (sci.gov.in)View Judgment (PDF)

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