:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE SECOND APPEAL NO.127 OF 2008 SECOND APPEAL NO.127 OF 2008 SECOND APPEAL NO.127 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.43 OF 2008 CIVIL APPLICATION NO.43 OF 2008 CIVIL APPLICATION NO.43 OF 2008 WITH WITH WITH SECOND APPEAL NO.612 OF 2008 SECOND APPEAL NO.612 OF 2008 SECOND APPEAL NO.612 OF 2008 Shri Sadhu @ Sahadu Raghu Ravade ...Appellant. v. The Maharashtra Executor and Trustee Company Limited ...Respondents. Mr.A.L.Gore & Mr.Girish Godbole , advs. for the Appellant. Mr.Shailesh Poria i/by Hariani & Co. , adv. for the Respondents. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 18th September, 2008. DATE: 18th September, 2008. DATE: 18th September, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for both the parties. 2. The appellant before this Court namely, Sadhu Ravade was a longtime servant of Mrs.Sushilaraje Vinchurkar. He was living in a part of the house as her servant. On 2nd April, 1979, she had executed a will of her entire property bequeathing the same in favour of her grand nephew, who was minor. On 6-6-1984, she had also executed codicil clarifying that the present appellant would be allowed to occupy one room only during her lifetime and after that executor of the will would be entitled to take back possession from him. :2: Will dated 2nd April, 1979 as well as the codicil were deposited with the respondents as executor of the will. She died on 20th February, 1985. 3. The appellant filed an application for probate of the will, which was allegedly executed by Sushila on 3-12-1984 bequeathing a part of the house to the appellant. The trial Court while considering the petition for probate granted probate to the appellant in respect of the will dated 3-12-1984 and while granting probate in respect of will dated 2nd April, 1979 held that the property bearing gat no.727A was excluded from that will because it was bequeathed to the appellant. Respondent preferred Civil Appeal No.686 of 2002 and Civil Appeal No.37 of 1996 against those two judgments. Both the appeals were allowed by the District Court and the probate granted in favour of the appellant was set aside. This is how the appellant has preferred the second appeal. 4. The learned counsel for both the parties have taken me through the judgments of the Courts below extensively. It appears that the alleged will dated 3-12-1984 was scribed by Dilip Ravade, who is the son of the appellant. He was also acting as a power of attorney holder or Mukhtyar for Sushilabai. Thus, he and his father, who were beneficiaries of this will had taken active role in preparation of that will. One of :3: the attesting witnesses, Narhari Gaikwad was a milkman, who used to supply the milk. Another witness Mrs.Patwardhan claims to be close friend of Sushila. The Appellate Court found evidence of both of them unreliable. Mrs.Patwardhan was not knowing so many things about Sushila including execution of the earlier will and the codicil, though she claimed to be her close friend. Gaikwad admitted that he was thickly acquainted with the appellant but the appellant denied this. This fact creates doubt about his intention. Handwriting expert was examined and his evidence shows that the signature on the disputed will dated 3rd December, 1984 is not of Sushila if it is compared to her admitted signatures on the other documents. 5. Even though the trial Court was in favour of the appellant, taking into consideration the reasons given by the appellate Court while allowing the appeal, it is difficult to come to conclusion that the reasons given by the Appellate Court are wrong or perverse. I do not find any substantial question of law involved in the present appeal in the face of the reasons given by the appellate Court while allowing the appeal. 6. Therefore, both the appeals stand dismissed. Civil Application No.43 of 2008 does not survive as the appeals itself are disposed off. :4: (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)