Smt. Janabai W/O Khopadu Chandewalukar v. Smt. Annabai Alias Chandrabhaga Wd/O Kusan Marbate (Dead And Deleted) And 2

2811sa151.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.151 of 2014 (Smt. Janabai w/o Khopadu Chandewalukar v. Smt. Annabai @ Chandrabhaga wd/o Kusan Marbate (Dead & deleted), Nathyoo s/o Fatuji Khangar and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.S. Chauhan, Advocate for Appellant.

Shri A.K. Neware, Advocate for Respondent No.2. Coram : R.K. Deshpande, J.

Date : 28 th November, 2016 The suit for declaration of title and permanent injunction was dismissed by the Trial Court. The appeal has also been dismissed by the lower Appellate Court. The Courts below have recorded the concurrent finding of fact that the Will dated 5-7-2001 has not been proved by the plaintiff to establish her title over the suit property.

The learned counsel for the appellant-plaintiff is unable to point out as to how the findings of fact recorded by the Courts below are illegal/perverse. Merely because the defendants have not entered the witness-box, that by itself would not be enough to draw an adverse inference. The plaintiff has to stand on his own legs.

2811sa151.14.odt No substantial question of law arises. The second appeal is dismissed.

Judge.

Lanjewar