1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 85 OF 2008 Digambar M. Khobragade & Ors. vs. Jaswantibai K. Lonare & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 01, 2008. Heard Shri Kilor, Advocate for the appellants/ defendants. The challenge is to the concurrent judgments and decrees delivered in a suit for partition. Shri Kilor, Advocate contends that there was a Will Exh. 78 executed by the original owner Marotrao in his favour which was never challenged. He contends that though there was no such challenge, the lower appellate Court has found this document as shrouded by suspicious circumstances and therefore refused to accept the Will. According to him, in absence of challenge, this approach of lower appellate Court is unsustainable. During hearing, it has transpired that after execution of said Will, Marotrao had also partitioned the very same property between his grand sons i.e. Respondents No. 2 & 3 in the year 1990. 2 Thus, this action of Marotrao in dealing with said property in a manner inconsistent with Will Exh. 78 itself shows that Will Exh. 78 was not intended to be acted upon further by Marotrao. He, therefore, has cancelled said Will by this inconsistent disposition of property. I, therefore, find that no substantial question of law arises in this Second Appeal. Second Appeal is dismissed. No order as to costs. JUDGE *GS.