Bimbisar S/O Shriram Ganvir v. Manoj S/O Shriram Ganvir

2025:BHC-NAG:5931 1 916 cas550.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAS) NO. 550 OF 2025 IN SECOND APPEAL NO. 331 OF 2023 BIMBISAR S/o SHRIRAM GANVIR

VERSUS

MANOJ S/o SHRIRAM GANVIR AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Dr. R. I. Agrawal, Advocate for the appellant/applicant Mr. N. A. Jachak, Advocate for respondent no.1 Mr. P. V. Wankar, Advocate for respondent nos.2 to 4. CORAM : M. W. CHANDWANI, J.

DATE : JUNE 25, 2025.

1.

Heard learned counsel appearing on behalf of the respective parties.

2.

This is an application filed by the appellant for framing of additional substantial question of law for proper adjudication of the second appeal.

3.

After hearing learned counsel for the appellant and the learned counsel for the respondents, additional question of law (D) mentioned in the application, is framed. It is reproduced as under :

"D] Whether the lower appellate court committed error by reversing the findings of facts of trial court based on oral evidence which has occasion to actually see deposing from witness box, to note their demeanor, giving of credence to the oral testimony regarding validity of will deed executed ?"

2 916 cas550.25.odt 4.

The application is allowed and disposed of accordingly.

5.

List the second appeal for final hearing on 16.07.2025.

(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 25/06/2025 17:00:31