MEENA W/O JAGDISH RAMTEKE AND ANOTHER v. SHRIRAM SHANKAR GAJBHIYE AND OTHERS
CAS/1078/2026 · 2026-08-21
Civil Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 1991 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1991 (BOM) · dailylaw.ai ]
Judgment text
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1 cas1078.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. NO.1078/2026 IN SECOND STAMP APPEAL NO.2059/2026 Meena W/o Jagdish Ramteke and another ..V/s.. Shriram Shankar Gajbhiye and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. B.J. Murkute, Counsel for the applicants.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATED : 21.8.2026. The application is filed by the applicants for condonation of delay of 3 days in filing the second appeal. Considering the reasons given in the application, delay of 3 days is condoned. The application stands
disposed of.
SECOND STAMP APPEAL NO.2059/2026
2. Registry is directed to register the appeal.
3. The appellants are the original plaintiffs who had filed suit for partition, declaration and cancellation of sale deed. The suit was dismissed. The plaintiffs had filed the appeal. The Appellate Court has confirmed the
order passed by the trial Court. The plaintiffs being aggrieved have filed this second appeal on the following proposed substantial question of law:-
“(i) Whether the learned First Appellate Court has failed to consider the necessity of specific pleading about execution of alleged Will to beneficiary/propounder as well as execution of alleged Will is neither as per provisions mentioned in Section 63 of the Hindu Succession Act, 1925 nor valid attestation and documents proved by 2026:BHC-NAG:10935
2 cas1078.2026 defendants?”
4. Issue notice to the respondents returnable after four weeks.
(MRS. VRUSHALI V. JOSHI, J.) Tambaskar.
Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 21/08/2026 18:15:05