1. Nivrutti Tuka Chavan Since Deceased v. 1. Anusayabai Akaram Pawar Since Deceased And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 462 OF 2024 rrpillai WITH INTERIM APPLICATION NO. 11016 OF 2024 Nivrutti Tuka Chavan ...

Appellants since deceased through LRS Vs.

Anusayabai Akaram Pawar...

...

Respondents since deceased through LRS Mr. Nikhil N Pawar for the Appellants.

CORAM : GAURI GODSE, J.

DATE :

23rd SEPTEMBER 2024 ORDER :

1.

Heard learned counsel for the appellants. The Second Appeal is admitted only with respect to the suit property described in paragraph 1B on the following substantial questions of law: (i) Whether the will in favour of defendant no. 1 could have been held to be null and void with respect to the property described at paragraph 1B on the ground that it was a tenanted property of Ganu in the absence of any documentary evidence that the said property was a tenanted property of by RAJESHWARI RAMESH PILLAI Date:

2024.09.25 13:52:54 +0530 RAJESHWARI RAMESH PILLAI Ganu ?

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(ii) In the absence of any supporting evidence that the suit property described in paragraph 1B was tenanted property of Ganu, whether the will could have been declared as null and void and whether the legal principle settled by the Apex court in the decision of Vinodchandra Sakarlal Kapadaia vs. State of Gujarat and Others1 would be applicable to the facts of the case ?

2.

In addition to court notice, learned Advocate for the appellants to serve the respondents by private service and file service affidavit. 3.

Call for record and proceedings.

4.

Printing is dispensed with.

5.

Learned Advocate for the appellants shall file private paper book within one year from today.

Interim Application No. 11016 of 2024 6.

Rule on interim relief in terms of prayer clause (a) is made returnable on 9th December 2024. It is clarified that rule is issued only to the extent of suit property described in paragraph 1B. 7.

In addition to court notice, learned Advocate for the applicants to serve the respondents by private service and file service affidavit (2020) 18 SCC 144 2/3

before the next date.

8.

By way of ad-interim relief actual handing over of physical possession in respect of the suit property described in paragraph 1B shall remain stayed till the next date.

[GAURI GODSE, J.] 3/3