Shri Sanjay Somaji Kale vs Kamlabai Wd/O Domaji Kale And ...
2022 Latest Caselaw 9930 Bom

                                                      1                               914.SA.216-2021.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                             SECOND APPEAL NO. 216 OF 2021
                                ( Shri Sanjay Somaji Kale
                                           Vs.
                            Kamlabai wd/o Domaji Kale & Ors. )

Office Notes, Office Memoranda                            Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. S.N. Nandeshwar, Advocate for the Appellant.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 28th SEPTEMBER, 2022.

Heard Mr. Nandeshwar, learned counsel for the appellant.

2. In a suit filed by the respondent for declaration, that the Will dated 28.06.2002 (Exh. 66) executed by late Shri Domaji Kale in respect of the land of Survey No. 10/7 admeasuring 0.38HR and 10/7-A admeasuring 0.45 HR situated at Mouza Kaudanyapur, as null and void, the learned Trial Court by the judgment dated 14.12.10, has decreed the suit, the first Appellate Court by the judgment dated 28.08.2021, has dismissed the appeal.

3. This Court by the order dated 14.10.2021, has already framed substantial questions of law. Though Mr. L.H. Kothari, learned counsel appears for the respondent Nos. 2 to 4, he is absent. Since the matter is 2 914.SA.216-2021.odt

required to be finally decided at the stage of admission itself and Mr. Nandeshwar, learned counsel for the appellant, expresses his inability to place on record the entire documents as well as the paper-book of the first Appellate Court, call R & P.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:29.09.2022 15:54