- (1.) THIS petition for review is directed against the order dated 2-4-2008 passed in L. P. A. No. 33 of 2008 as also the order pa-ssed by the learned single Judge on 4-1-2008 in Testamentary Case No. 1 of 2003 precluding the petitioner from contesting the probate case on the ground that he has no caveatable, interest.
(2.) PRIMA facie, we have noticed that the so-called testator/testatrix-deceased shamim Amna Imam did not inherit the property from her in-laws as admittedly she was unmarried and hence the property, in question, in regard to which the Will is alleged to have been executed by Shamim amna Imam was not her exclusive or self-acquired property, as her mother, Sayeeda mehndi Imam, and mother's brother, i. e. , maternal uncle of testatrix, late (Justice)Syed Murtaza Fazal Ali, were still alive during the lifetime of the alleged testator/testatrix, who is claiming a share under the Mohammedan Law.
(3.) THE petitioner herein Faiz Murtaza Ali is the son of late (Justice) Syed Murtaza fazal Ali, i. e. , the first cousin of the testator/testatrix-Shamim Amna Imam.;