IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.60 OF 2008 WITH CIVIL APPLICATION NO.1865 OF 2007 Smt.Vijaymala Balkrishna Gursale )..Appellant Versus Maruti @ Kantilal D.Satpute & Ors.).Respondents ---- Mr.N.J.Patil for the appellant. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 23.4.2008. PC 1. This is a Second Appeal filed by the original plaintiff who had filed a suit for possession on the footing that the suit property was ancestral property. The case of the defendants in the written statement was that they were owners of the property by virtue of the registered Will dated 10.11.1994. In support of their case an attesting witness Mr.Phatak was examined. He has supported the execution of the Will. Both the Courts have accepted the registered Will as a valid document. It is sought to be contended that the testator was 83 years old and was suffering from ailment of stomach. It is also contended that no Doctor has been examined. Both the Courts have accepted the evidence of attesting witness. The fact that the Doctor did not attest the Will or the testator was : 2 : 83 years of age by itself need not be fatal to the Will. The plaintiffs have not led any evidence to indicate that she was an unsound mind of state. In this view of the matter, no substantial question of law involved. Appeal stands dismissed. CIVIL APPLICATION NO.1865 OF 2007 . As the appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)