Doma S. Dongre (Dead) Through Lrs. Gayabai Wd/O Doma Dongre (Dead)Thr. Lrs. Maroti D. Dongre And Or v. Nilkanth S/O Raghobaji Dongre

912-CAS-891-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.891 OF 2017 IN SECOND APPEAL ST. NO.10930 OF 2017 Doma Shiwa Dongre (dead) Gayabai wd/o Doma Dongre (dead) Thr. LRs. Maroti s/o Doma Dongre and ors.

-vsNilkanth s/o Raghobaji Dongre ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri J. H. Kothari, Advocate for applicants. Shri S. A. Choudhari, Advocate for nonapplicant/respondent. CORAM : A.S.CHANDURKAR, J.

DATE : September 08, 2017 By this application, it is prayed that the delay in filing the second appeal be condoned.

The reasons for the cause of delay are mentioned in paragraphs 3 to 5 of the application. The application is opposed by the non-applicant by filing reply. It is stated that the ground of illness as furnished by the applicants pertains only to one of the applicants. On perusal of the reasons given in the application, I do not find that the delay as caused is deliberate. The reasons furnished appears to be acceptable. Hence the delay in filing the appeal stands condoned.

Civil application is allowed and disposed of. .. 2/-

912-CAS-891-17 2/2 S.A.St. No.10930 of 2017 The following substantial question of of law arises for consideration :

" Whether the Will dated 22/04/1959 that is propounded by the plaintiff has been proved in accordance with the provisions of the Evidence Act, 1872 ? "

Shri S. A. Choudhary, learned counsel waives notice on behalf of the respondent.

Put up for further consideration on 25/09/2017. JUDGE Asmita