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Bombay High CourtSA/636/2018dismissedrule discharged

Ravindra Ramchandra Gujarkar v. Smt. Vasantibai Tulsiram Gujarkar And Another

2019-01-16Hon'Ble Mrs. Justice Swapna Joshi1 pages

16.01.SA.636.18

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL NO.636/2018 (Ravindra Ramchandra Gujarkar vs. Smt. Vasantibai Tulshiram Gujarkar and another ) ...........................

............................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr Bhushan Dafle, counsel for appellant None for respondents.

CORAM : MRS.SWAPNA JOSHI, J.

DATED : 16th January, 2019.

Heard. Perused the record.

Mr. Bhushan Dafle, learned counsel for the appellant contended that the wife of Laxman bequeathed the property by by executing a will in the favour of the appellant ( ie. original plaintiff). He submitted that although the will was held to be proved in the trial as well as lower Appellate Courts, his suit as also the appeal was dismissed. Learned Advocate, however, failed to satisfy this Court on the point as to what right the wife of Laxman ( i.e. Gangubai ) had to bequeath the property in the name of appellant (original plaintiff), although there were other successors of Laxman. On perusal of the judgment passed by both the Courts below, no perversity is noticed either in the judgment passed by the trial Court or the lower appellate Court. There is no substantial question of law involved in the Appeal. The Appeal deserves to be dismissed and the same is dismissed summarily. No order as to costs.

JUDGE sahare