He purported to have executed a Will on or about 15.4.1978 in favour of the respondents.
Lalitaben Popat.
In the examination in chief, in the Petition for probate under Section 276 filed on 8th July, 1996, numberexplanation about the statement made in the earlier proceedings to the effect that Testator had died intestate.
Further an application dated 4th March, 1996 was filed for impleadment in the proceeding filed by deceased Testator against the tenant for eviction, it was reiterated that Jayantilal Kataria had number left any Will.
In the said proceedings, on 1st January, 1996, in the application for deletion of deceased, Respondents categorically averred that such Jayantilal Kataria had number executed any Will.
By the alleged Will, the entire property has been bequeathed to Respondents who are number Class I legal heirs to the exclusion of Petitioner, Smt.
Deceased is resident of Rajkot whereas Respondents were residing at Mumbai.
I was called at Jetpur.
It is true that this original Will was already prepared in that Will I signed.
When I went to Jetpur, I have signed in the Will at Jetpur.
He was a divorcee.
Jamnadas died leaving behind his wife, Jasumati Respondent No.3 and two daughters, Pragna and Bina Respondent Nos.1 and 2 respectively .
Jayantilal died issueless.
Respondents filed an application for grant of probate of the Will dated 18.6.1995.
Two appeals were preferred thereagainst.
Purshottam Manji Thakrar died on 30.11.1984.
He left behind his two sons Jamnadas and Jayantilal and two daughters Kasturben and Lalita appellants herein .
On the other hand, appellant filed an application for grant of probate in respect of the Will dated 31.1.1995.
In the reply dated 10th January, 2006, to Public Notice, numbermention of Will.
He purported to have executed two Wills one on 31.1.1995 propounded by the appellant and the other on 18.6.1995 propounded by respondents.
By reason of the impugned judgment, the High Court dismissed the said appeals.
I directly went to Jayantibhai.
On that day I went Jetpur after putting my report for leave.
His wife had predeceased him.
On 9.5.1996, I was at Gondal.
First I was informed therefore I went prior to the week of the execution of Will.
The Will admittedly was executed at Jetpur.
Testator had opposed the suit amongst other grounds and in the written statement of the testator, it was averred that Parshottam Kataria had in fact made last Will dated 19th November, 1983.
Kasturben died on 19.12.1995.
B. Sinha, J. Leave granted.
This appeal is directed against the judgment and order dated 26.6.2006 passed in FA No.110 of 2000 and FA No.124 of 2000 by the High Court of Gujarat at Ahmedabad dismissing appeals filed against a companymon judgment and order dated 23.2.2000 passed by the learned Civil Judge SD Rajkot allowing the Civil Miscellaneous Application No.25 of 1996 and dismissing the Civil Miscellaneous Application 26 of 2006.
One Purshottam Manji Thakrar was the owner of the property.
