1 cas766.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. NO.766/2026 IN SECOND APPEAL ST. NO.4175/2025 Kisan Ratna Rathod ..V/s.. Dhansing Ratna Rathod - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.S. Gokhale, Counsel for the applicant. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 3.9.2026. The applicant has filed this application for condonation of 4 days delay in filing the second appeal. Considering the reasons given in the application, delay is condoned. The Registry is directed to register the appeal. SECOND APPEAL ST. NO.4175/2025 2. The appellant is the original defendant. The suit filed by the plaintiff for partition was decreed. The defendant had filed an appeal and the Appellate Court has confirmed the judgment and order passed by the trial Court. Being aggrieved, the appellant has filed this second appeal on the following substantial questions of law:- (i) Whether the learned Courts below erred in law in failing to consider that the respondent had not disclosed the entire property and all the legal heirs, and had also failed to disclose the oral partition under which Gat No.174 had fallen to the share of the appellant, despite the appellant’s name being recorded in the revenue records from 1991 to 2010? (ii) Whether the learned Courts below erred in law in ignoring the relevant provisions of 2 cas766.2026 the Evidence Act, the Transfer of Property Act, the Maharashtra Land Revenue Code, the Specific Relief Act and the Tenancy Act, and in rejecting the appellant’s claim without properly considering the evidence on record?” 3. Issue notice to the respondent, returnable after four weeks. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 04/09/2026 10:33:07