-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.816 OF 2007 APPEAL NO.816 OF 2007 APPEAL NO.816 OF 2007 Bapu Narhari Shinde & Anr. ...Appellants vs. Namdeo Narayan Shinde ...Respondent Ms A.R.S.Baxi for the Appellants CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : MARCH 7,2008 : MARCH 7,2008 : MARCH 7,2008 P.C.: P.C.: P.C.: 1. Heard Advocates for the Appellants. Second Appeal is admitted on the following substantial questions of law : i) Whether the Appellate Court could have relied upon the purported document dated 16th May 2000 though the said document was not proved in accordance with law ? ii) Whether the judgment of the Appellate Court is perverse in as much as the Appellate Court has relied upon the document which was not admitted in evidence by the trial court ? iii) Whether the Judgment of the Appellate Court is perverse in as much as there was no evidence on record adduced by the Respondent to prove misrepresentation or commission of fraud ? 2. Printing is dispensed with. The Appellants are directed to file private paper book within a period of one year from today failing which Appeal will stand dismissed for non prosecution without further reference to the Court. -2- JUDGE JUDGE JUDGE