1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No.426/2009 ( Namdeo Kutarmare +1 ..V/s.. Smt. Raibai Gaurkar + 2) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. M.P. Khajanchi, counsel for appellants. Mr. Manoj A. Sable, counsel for the respondents. Coram : F.M.REIS, J. Dated : 2nd February 2010. Heard the learned counsel for the appellant and the respondent. Admit on the following substantial question of law - 1. Whether the Will executed by deceased Sitaram in favour of defendant no.2 could have been disbelieved by the learned lower appellate Court when the said Will was proved in accordance with the provisions of Sections 61 and 63 of the Succession Act, 1925 and Section 68 of the Evidence Act, 1872 ? 2. The respondents having pleaded that the Will is a sham and bogus document and affected by undue influence, whether the onus to prove such forgery or fraud is on appellants ? 2 C.A.S. No.841/2009 This is an application for stay to impugned judgment and decree passed by the learned District Judge. By the said judgment, the learned District Judge has directed that the suit property is to be partitioned between the appellant and the respondent. There is no dispute that the property is enjoyed by the appellants and the respondents are not being given any income from the suit property. Considering the facts and circumstances of the case, the operation and execution of the impugned judgment dated 31/7/2009 is stayed subject to appellants' depositing in this court sum of Rs.20,000/- per annum until the disposal of the above appeal. The amount of Rs.20,000/- for the current year shall be deposited by the appellants on or before 31st of March 2010. The amounts so deposited shall be subject to final orders to be passed in the above appeal. Application stands disposed of accordingly. Judge. Tambaskar.