- (1.)The present appeal is filed under Sec. 96 read with Order 41 of the Code of Civil Procedure 1908 by the original Opponents against the judgment dtd. 29/5/2014 passed by the Civil Judge (Senior Division) Sangli, District Sangli in Miscellaneous Application No.67 of 2009 granting Probate of Will dtd. 30/7/1956. For sake of convenience parties are referred to by their status before the Trial Court.
FACTUAL MATRIX:

(2.)M.A. No.67 of 2009 was instituted under Ss. 276 and 278 of the Indian Succession Act, 1925 by the Applicant in respect of Will dtd. 30/7/1956 of one Ibrahim @ Kamal Babaso Shiledar who expired on 21/2/1975. The Applicant is the grandson of deceased Ibrahim and Opponent Nos 5 10 are the family members being brothers, sisters and mother of the Applicant. The Opponent Nos 1 and 2 are children of the Applicant's deceased paternal aunt, Opponent No. 3 and 4 are the paternal aunt and paternal uncle of the Applicant respectively.
(3.)The case in the Application was that the deceased Ibrahim during his lifetime had executed Will dtd. 30/7/1956 in respect of Annexure-A properties, which was registered at Serial No. 1249 with the Joint Sub Registrar, Miraj-1 District Sangli and noted in Index-III. At the time of death of said Ibrahim, Applicant was aged 4 years and was not aware of the execution of Will. After the death of Ibrahim, the Applicant's father and Opponent No 4 suppressed the original Will and mutated their names in the property cards. On 29/7/2005, the Applicant's father expired and while going through his documents, Applicant learnt about the registered Will dtd. 30/7/1956. Despite all efforts the original Will could not be found and on 15/9/2005 the Applicant obtained certified copy of the registered Will from the office of Sub Registrar, Miraj-1, District Sangli.