1 915-sa-413-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj SECOND APPEAL NO.413 OF 2011 Shri Narshi M. Tandel .. Appellant. V/s. Shri Hira M. Tandel & Others .. Respondents. Mr. R. M. Momin i/b. Smt. Anjali R. Waghmare, for the Appellant. None for Respondents. CORAM : G.S.GODBOLE, J. DATE : 8th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocate for the Appellant, at length. Perused the copy of the disputed Will handed over by him for the perusal of the Court and other relevant documents from the compilation. The Appellant is the Original Plaintiff in Regular Civil Suit No.29 of 2000 filed in the Court of learned Civil Judge, Senior Division, Daman for a declaration that the said disputed Will dated 22nd January, 2000 executed by the deceased father of the Appellant is not a genuine document and that it be declared as null and void and for other consequential reliefs. The 2 915-sa-413-2011.sxw provisions of the Portughees Civil Code, 1867 are applicable in said case and Division VIII containing Articles 1191 onwards govern the execution of Will. The Will in question was a Public Will and had been duly registered. The learned Civil Judge, Senior Division, Daman after framing the requisite issues and considering the evidence of Sub-Registrar held that the Plaintiff had not been able to prove the alleged fraud. Consequently, the suit was dismissed on 26th February, 2002. 2 Regular Civil Appeal No.1 of 2002 filed by the Plaintiff/ Appellant has been dismissed by the learned Principal District Judge, Daman on 18th December, 2010. Hence, this Second Appeal is filed. 3 The learned Principal District Judge, Daman as also the learned Judge of the Trial Court have properly considered the issues regarding procedural irregularities and fraud and a finding has been recorded in paragraph 21 of the Judgment that there are no procedural irregularities. Even about the case pleaded about the alleged fraud; after considering the entire evidence on record, the District Court has recorded a finding that no fraud is committed. I have carefully considered both the findings. 4 The learned Advocate for the Appellant has urged that the deceased had lodged a complaint with the police about some coercion, 3 915-sa-413-2011.sxw allegedly being used against him prior to the execution of the Will for vacating his house. The said complaint has not been duly proved. The findings recorded by the Trial Court and the District Court are pure findings of facts. No perversity is found. No substantial question of law arises. Second Appeal is dismissed. (G.S.GODBOLE, J.)