1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 335/2008 Sau. Nirupa Shamsunder Mehere & Ors. ..vs.. Ramdas Vishramji Patil & 1 anr. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: B. P. DHARMADHIKARI, J. DATED : 9 th JANUARY, 2009 1. Heard learned counsel for the appellants. 2. The appellants are the original plaintiffs and they are challenging concurrent judgments and decrees delivered by Courts below. A suit filed for partition and separate possession has been dismissed after holding that Will dated 29.07.1999 at Exh.-40 executed by deceased Vishram Patil has been duly proved by the respondents/defendants. The lower appellate Court has maintained the said finding. The learned counsel for the appellants tried to show that the Will Exh.-40 is a hand written document though Will on record is a typed one. Perusal of evidence in this respect shows that the lower appellate Court has considered that the Will at Exh.-40 on which signatures have been accepted by the 2 attesting witnesses is typed one. The discussion in this respect in paragraph 19 of the attesting witness have stated that they along with Vishram Patil were present in the Office of Sub Registrar and Vishram Patil executed his last Will in favour of his two sons Ramdas and Ruprao. 3. The lower appellate Court has found that the present appellant no. 1 Nirupa has admitted at the fag end of her examination-in-chief that her father had executed Will during his lifetime. I have perused the evidence from paper book produced by learned counsel for the appellants before me. It is apparent that the evidence of the attesting witnesses has been in relation to the Will deed executed at Exh.-40. In the circumstances, I do not find any substantial question of law. The appeal is, therefore, dismissed with no order as to costs. JUDGE kahale