1 / 2 1-cas 1221-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 1221 OF 2026 IN SECOND APPEAL ST. NO.13506 OF 2026 Wamanrao Ambadas Kadam(dead) through LRs. Vs. Vimalabai Anandrao Deshmukh (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.S.M.Vaishnav, counsel for the Appellants. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 04/09/2026 1. Heard. 2. This is an application filed for condonation of 33 days delay in filing of the appeal. 3. Considering the reasons given in the application, the same is allowed and delay of 33 days caused in filing of the appeal is hereby condoned. 4. Civil application stands disposed of. 5. Registry is directed to register the appeal. SECOND APPEAL ST. NO.13506 OF 2026 1. The appellants who are the original plaintiffs have filed the suit for partition and separate possession. The suit was dismissed. The appeal filed by the appellants was also came to be dismissed and therefore, the appellants have Kavita 2 / 2 1-cas 1221-26 filed the present Second Appeal on the following proposed substantial questions of law:- A) Whether both the lower courts failed to consider law laid down by the Hon'ble apex Court in the case of Rohit Chauhan -VS- Surinder Singh and M. Yogendra -vs- Leelamma N where by it is held that if a son is born subsequently in the family, then self- acquired property become the coparcenary property as the son would acquire the interest in the same? B) Whether both the lower courts erroneously held that the will deed dtd.20-5-1968 Exh. 111 and gift deed 13-7-1970 Exh.112 stands duly proved without examination of any of the attesting witness so as to satisfy the requirements of Sec. 68 of Indian Evidence Act R/W Sec. 63 of Indian Succession Act? C) Whether both the lower courts could have held that the will deed as well as gift deed stands proved on the basis of presumption of 30 years old document, even though no witness who can vouchsafe the contents of the document was examined before the court? 2. Issue notice to the respondents on the above mentioned proposed substantial questions of law, returnable on 05.10.2026. JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 04/09/2026 18:11:08