HIGH COURT OF BOMBAY
Mangesh S. Patil, J
Eknath Genu Pawar – Appellant
Versus
Dattu Santram Haral – Respondent
| Table of Content |
|---|
| 1. second appeal addressing will proof and property ownership. (Para 1 , 2 , 3 , 4) |
| 2. arguments on misapplication of laws regarding will proof. (Para 5 , 6 , 7) |
| 3. need for strict proof of wills emphasized. (Para 10 , 11 , 12 , 13) |
| 4. concluding dismissal based on factual findings. (Para 14 , 16) |
This is a second appeal of the plaintiff. He had succeeded in obtaining a decree for declaration of his being the exclusive owner in possession of the suit properties on the basis of a will executed by one Laxmibai on 30.06.1956 who was his maternal aunt. But he is aggrieved by the judgment and order of the lower appellate court which allowed the respondents’ (defendants) appeal, quashed and set aside the judgment and decree passed by the trial court and dismissed the suit.
2. The second appeal was admitted on 22.09.1992 without formulating substantial questions of law as is mandated by Section 100 (3) of the Code of Civil Procedure . Having noticed this fact, by the order dated 23.02.2022 I had called upon the learned advocate Mrs. Deshmukh for the appellant to formulate and tender substantial questions of law. She has submitted those on the last date and I have he
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