1 / 4 25-sa 272-23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 272 OF 2023 Shrampal Kisan Karemore and ors. Vs. Kisan Sitaramji Karemore (dead) through Lrs. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr.R.P.Joshi counsel a/w Mr.V.N.Vyawahare counsel for the appellant. Counsel for respondent Nos.2A and 2B. Mr. Abhijeet Khare counsel for respondent Nos.9 to 14 Mr.Y.N. Sambre counsel for respondent No.15 CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 21/09/2026 CIVIL APPLICATION NO. 1135 OF 2026 1. This is an application for framing additional substantial questions of law. 2. Heard both the sides. 3. For the reasons stated in the application, the application is allowed and disposed of. SECOND APPEAL NO. 272 OF 2023 1. In view of the order passed in Civil Application No.1135 of 2026, following additional proposed substantial questions of law are framed:- Kavita 2 / 4 25-sa 272-23 A. Whether the burden of proof was wrongly placed on the appellants herein, when the appellants had proved the genesis and the foundational facts on ancestral properties, and thereupon, the burden had shifted upon the original defendants? B. Whether the original defendant no. 1 Kisan Karemore could have bequeathed more than his share allocable to him, in view of section 30 of the Hindu Succession Act, 1956, if the suit properties are held to be ancestral or joint Hindu family properties? And if so, whether such Wills becomes void in law? C. Whether the two Wills at Exhibits 529 and 608, purportedly executed by Kisan Karemore, were proved in accordance with law? And whether the findings given by the subordinate courts that these two Wills stand proved are perverse, in ignorance of the settled rules of evidence required to prove any 'Will'? 2. Mr. Rohit Vaidya learned counsel waives service of notice for respondent Nos. 2A and 2B on merits after admission. 3. Mr. Abhijeet Khare, learned counsel waives, service of notice for respondent Nos. 9 to 14 on merits after admission . 4. Mr.Y.N.Sambre, learned counsel waives service of notice for respondent No.15 on merits after admission. Kavita 3 / 4 25-sa 272-23 5. Issue notice to the unserved respondents on the above mentioned proposed substantial questions of law for final hearing, returnable on 12/10/2026. CIVIL APPLICATION NO. 879 OF 2026 IN SECOND APPEAL NO. 272 of 2023 1. This is an application filed for bringing the legal representatives of respondent No.3 on record. 2. The respondent No.3 died on 28/08/2025. As the application is filed within 90 days, the application is allowed and the applicants are allowed to bring the Legal representatives of respondent No.3 on record. 3. Civil application stands disposed of. SECOND APPEAL NO. 272 of 2023 Issue notice on merits after admission to the legal representatives of respondent No.3, returnable on 12/10/2026. CROSS OBJECTION (ST) NO. 20544 OF 2026 1. Respondent Nos. 9 to 14 have filed the present cross-objection. 2. The learned counsel for the appellants has raised an objection that the cross-objection has not been filed within the prescribed period of limitation. Kavita 4 / 4 25-sa 272-23 3. The learned counsel for the cross-objectors seeks time to peruse the judgment placed on record by the learned counsel for the appellant on the point of limitation and to address on the issue of limitation. Time, as prayed for, is granted. 4. Stand over to 12/10/2026. JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 22/09/2026 17:04:21