Harihar Wamanrao Mankar v. Yashodabai Wamanrao Mankar

1 9 cas 997-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.997/2023 IN SECOND APPEAL ST. NO.14527/2023 Harihar Wamanrao Mankar Vs.

Yashodabai Wamanrao Mankar and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms S.W. Deshpande, Advocate for appellant Shri B.D. Vora, Advocate for respondent Nos.1, 2 & 3(a) to 3(d). CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

05/10/ The present application is filed for condonation of delay in filing Second Appeal. It appears that there is delay of 21 days in filing Second Appeal. Due to the ill health of the appellant and appellant being old aged person of 69 years, delay has been caused for the reasons put-forth which are justifiable. Accordingly, the application is allowed. 2.

Though, the application is opposed by the learned Counsel for respondents, the delay in filing Second Appeal is hereby condoned.

3.

The Registry is directed to register the Second Appeal.

4.

The application stands disposed of accordingly.

2 9 cas 997-2023 SECOND APPEAL ST. NO.14527/2023 1.

List the matter for admission on 18/10/2023 on following substantial question of law:

"Whether both the Courts below are justified in discarding the 'Will', purporting to be suspicious signature, particularly when the witness of the 'Will'

dated 06/10/1991, at Exh. 92 has duly proved by examining the attesting witness as per the requirement of Section 68 of the Evidence Act and Section 63 of the Indian Succession Act and the credibility of the witness has not been shaken during cross examination when read as a whole?"

2.

The learned Counsel for appellant to serve copy of appeal memo to the respondents along with application.

JUDGE R.S. Sahare