RAGHUNATH RAJARAM PATIL Vs. HARISHCHANDRA PANDURANG GAIKWAD

JUDGEMENT

(1.) Rule. By consent of the parties taken up for hearing forthwith.

(2.) The petitioners are opponents in Civil Miscellaneous Application no. 102/03. The said application is filed by respondents 1 to 3 under section 276 of the Indian Succession Act, 1925 ("the said Act" for short) praying for grant of probate of the Will of deceased Anandibai Kashinath Patil dated 23rd July, 1997. The petitioners filed their written statement contesting the claim of respondents 1 to 3. It is the petitioner's case that the said Anandibai died intestate and she had never executed any Will.

(3.) On 6th August, 2004 the petitioners filed an application under section 295 of the said Act, praying that necessary orders be passed for treating the probate proceedings as a suit and for necessary inquiry regarding the alleged Will and the question of title of the property in view of the written statement filed by the petitioners. The petitioners also prayed for transferring the said proceedings to the Civil Judge (S. D. ) Panvel.