Vijaykumar Kamanna Handebar v. Sou. Gourabai Somanna Handebar And Another

31 sa 185-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 185 OF 2016 A/W.

CAS/337/2016 IN SA/185/2016 Smt. Laxmibai Chandrabhan Derale & Ors.

..Appellants v/s.

Uttam Ramchandra Kshirsagar & Ors.

..Respondents Mr. Sachin Gite for the Appellant Mr. Vikram Walawalkar i/b. Mr. S.M.Sabrad for the Respondent no.4.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 3RD DECEMB3ER, 2018.

P.C.

1.

Heard. Admit on the following substantial questions of law. (i) Whether the Courts below have erred in holding that the deceased Sakhahari Ravji Lakhad had executed Will in favour of the defendant no.1 in the absence of proof of Will under Section 68 of Indian Evidence Act.

(ii) Whether the Appellate Court and the trial Court have erred in holding that the deceased Sakhahari had executed a joint Will in pps

31 sa 185-16.doc respect of the suit property under Survey No. 477/1 admeasuring 33R?

(iii) Whether the trial Court and the Appellate Court have erred in holding that the defendant no.1 was competent to execute the sale deed in favour of the defendant no.4. ?

2.

Learned Counsel for the Respondent no.4 waives notice. 3.

Printing is dispensed with. Appeal to come up in due course. 4.

The Appellants shall file private paper book and serve copy on the otherside within one year from today.

(ANUJA PRABHUDESSAI, J.) pps