1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.1451 OF 2005 Maimuddin Gulam Hussein Tungekar deceased through the heirs .. Appellants Verus Smt.Shafabibi Javaje Abdul Rajak Gulam Hussein Khansode deceased through her legal heirs. .. Respondents Mr.Purekar for appellants CORAM : S.C.DHARMADHIKARI, J. DATE : 18th July 2007. P.C. . Heard Mr.Purekar for appellants. Admit. 2. Substantial question of law that is raised in this second appeal is:- (a) whether the will deed dated 27th December 1991 based upon which the 2 original plaintiff is asserting his right, title and interest in the suit property is inadmissible in evidence and has to be excluded from consideration or the same can be read in evidence as certified true copy thereof has been placed on record and the contents thereof were put to one of the witnesses during the course of trial? (b). Whether the Supreme Court decision reported in (2004) 7 S.C.C. 107 (Dayamathibai Vs. K.M.Shaffi) and the principle laid down therein with regard to mode of proof is applicable to the subject certified copy or not? 2. Hearing expedited. 3 (S.C.DHARMADHIKARI, J) # IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPLICATION NO.2059 OF 2005 IN SECOND APPEAL NO.1451 OF 2005 Maimuddin Gulam Hussein Tungekar deceased through the heirs .. Appellants Verus Smt.Shafabibi Javaje Abdul Rajak Gulam Hussein Khansode deceased through her legal heirs. .. Respondents Mr.Purekar for appellants CORAM : S.C.DHARMADHIKARI, J. DATE : 18th July 2007. P.C. . Heard Mr.Purekar for applicants. Perused 4 the application. In the peculiar facts of this case and when the trial court has dismissed appellant’s suit in the year 1982, which decree was confirmed in the year 2005 by the lower appellate court, so also there being nothing on record to show that any interim order is running through out the proceedinrgs, this is not a fit case for interim relief, pending hearing and final disposal of the second appeal. C.A. dismissed. ( S.C.Dharmadhikari, J )