Smt. Durpatabai Wd/O Dajiba Petkar (Dead) Through Lrs. Nagesh Dajiba Petkar And Others v. Venutai W/O Moreshwar Nagdeve (Dead) Through Lrs. Moreshwar S/O Natthuji Nagdeve And Others

sa60.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL NO.60 OF 2019 (Smt. Durpatabai wd/o Dajiba Petkar (dead) thr. LR's Nagesh Dajiba Petkar and others Vs. Venutai w/o Moreshwar Nagdeve (dead) thr. LR's Moreshwar s/o Natthuji Nagdeve and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri S.A. Marathe, Advocate for Appellant.

CORAM: ROHIT B. DEO, J.

DATE: 25 th APRIL, 2019.

Heard.

2] Admit, on the following substantial questions of law:

[i] Whether the will Exh.82 is proved in the teeth of the admission of the only attesting witness that the other attesting witness has not signed on the will?

[ii] Whether the registration of the will dilutes the requirement of proving the attestation as is the mandate of section 68 of the Indian Evidence Act?

3] Call for R & P.

4] Shri A.A. Dhawas, the learned counsel waives service for respondent 1A to 1D.

sa60.19.O.odt Civil Application (CAS) No.131/2019:

Since the second appeal is admitted on the substantial questions of law, the judgment and decree in Regular Civil Appeal 43 of 2008 is stayed to the extent the counter claim of defendant Venutai - represented by her legal heirs, is allowed.

JUDGE NSN