Bombay High Court
Pandurang S/O Ganpat Datir vs Ukandrao S/O Marotirao Gujar And ... on 17 July, 2025
2025:BHC-NAG:6848
1 914 cas629.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH :
NAGPUR.
CIVIL APPLICATION (CAS) NO. 629 OF 2025
IN SECOND APPEAL NO. 398 OF 2019
with SECOND APPEAL NO. 400/2019
PANDURANG S/o GANPAT DATIR VERSUS UKANDRAO S/o MAROTIRAO GUJAR AND ANR
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Office Notes, Office Memoranda of Coram, Court's or Judge's Order
appearances, Court's Orders or directions and
Registrar's order
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Mr. V. D. Muley, Advocate for the appellant
Mr. A. A. Zade, Advocate for respondent nos.2 to 4
CORAM : M. W. CHANDWANI, J.
DATE : JULY 17, 2025.
1. This Court by order dated 21.01.2020 has framed the substantial question - "whether the property which is held in Class-II rights can be bequeathed by a will, when the property is unalienable due to its classification as Class-II occupancy ?"
2. By the present application, the appellant wants to frame two additional substantial questions of law.
3. Having heard the learned counsels for the respective parties, following additional substantial question of law is framed :
"Whether the Courts below erred in holding that the will dated 26.06.1996 is surrounded by suspicious circumstances when the will is a registered document and the possession of the land was given by the testator on the very same day and died almost after 12 (twelve) years ?"
4. Call for the record and proceedings.
5. Place the matter for final hearing at admission stage on 13.08.2025.
2 914 cas629.25.odt (M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 17/07/2025 17:27:54