SUNIL WAMAN BHIDE vs CHANDRAHAS LAXMAN KANHERE AND ORS.

Judgment text excerpt

k 1/20 CRA 351 of 2023 with IA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.351 OF 2023 Sunil Waman Bhide ....Applicant V/S Chandrahas Laxman Kanhere & Ors. ....Respondents WITH INTERIM APPLICATION NO.38657 OF 2025 IN CIVIL REVISION APPLICATION NO.351 OF 2023 Sunil Waman Bhide ....Applicant IN THE MATTER BETWEEN Sunil Waman Bhide ....Applicant V/S Chandrahas Laxman Kanhere & Ors. ....Respondents _________ Dr. Abhinav Chandrachud i/b Mr. Rhishikesh M. Pethe for the Applicant. Mr. S.M. Gorwadkar, Senior Advocate with Mr. Swaraj M. Sawant, Mr. Harshal N. Mule and Mr. Varun H. Thanawala i/b Mr. Sujay H. Gangal for Respondent Nos.1 to 4. __________ CORAM : SANDEEP V. MARNE, J. RESERVED ON : 07 MARCH 2026. PRONOUNCED ON : 17 MARCH 2026. JUDGMENT: 1. The Applicant has invoked revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (Code) for challenging the order dated 20 December 2022 passed by the 11 th Joint Civil Judge Senior Division, Pune rejecting application at Exhibit-52 katkam Page No. 1 of 20 k 2/20 CRA 351 of 2023 with IA filed by him seeking dismissal of Miscellaneous Application No. 616 of 2013 filed by Respondent Nos.1 to 4. The Misc. Application is filed by Respondent Nos. 1 to 4 seeking revocation of probate and according to Applicant, the same is not maintainable as the revocation of probate is sought mainly on the ground that the testator did not have title in the properties in respect of which she executed the Will. 2. Very briefly stated, facts of the case are that Nalini alias Rajeshwari Nagarkar (Rajeshwari) executed her Will dated 23 August 2005 in respect of various properties at Satara and bequeathed some of the properties enumerated in paras-6(a) and (b) of