1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.595 OF 2001 Maruti Aba Nalavade .. Appellant V/s. Anusaya Tukaram Dhondwad & Ors. ..Respondents Mr.R.G.Ketkar for the Appellant/Applicant. Mr.Dilip Bodake for Respondents Nos.1 and 5. CORAM : R.M.SAVANT, J. DATED : AUGUST 6TH, 2008. P.C. This Second Appeal takes exception to the Judgment and Decree dated 28th March, 2001 passed by the learned 4th Additional District Judge, Satara by which the Judgment and decree passed by the Trial Court dated 31st December, 1993 came to be confirmed. 2 2. The Appellant/Applicant is the original Plaintiff who had filed the suit for injunction and declaration in respect of land being Revision Survey No.180/2 admeasuring 3 Acre and 12 Guntha of Village Ambavade which the Plaintiff claimed on the basis of registered will deed dated 6th May, 1959 executed by his maternal aunt Parubai in his favour. On the other hand, it is the case of the Defendant that out of the said land half of it was given to her by Yashodabai the daughter-in-law Parubai who had acquired the property on the death of her husband Bhiku. The Defendant also relied upon the Revenue Entries made in respect of the said half portion since the year 1979 in her favour. 3. The parties went to Trial, and the case of the Plaintiff on the basis of the said will dated 6th May, 1959 was rejected by the Trial Court. The Trial Court recorded a finding that the Plaintiff 3 has not proved the said will by the process known to law. The Trial Court therefore, dismissed the Plaintiffs suit by Judgment and order dated 31st December, 1993. 4. Aggrieved by the said Judgment and order dated 31st December, 1993, the Plaintiff filed an Appeal being Regular Civil Appeal No.38 of 1994. By Judgment and decree dated 28th March, 2001, the said Appeal came to be dismissed by the Lower Appellate Court and confirmed the findings recorded by the Trial Court as regards the said Will deed dated 6th May, 1959, as to whether the same was proved by the Plaintiff. The Lower Appellate Court also held that the said Will deed was not proved by the Plaintiff. The Lower Appellate Court taking into consideration the Revenue Entries made in favour of the Defendants from the year 1979 held that the Plaintiffs could not be granted the relief sought in the said suit and dismissed the Appeal. 4 Both the Courts below have recorded findings of fact as regards whether the Will deed was proved by the Plaintiff. 5. In my view, the challenge raised in the Second Appeal does not involve any substantial question of law. 6. The Appeal is, accordingly, dismissed. 7. In view of the dismissal of the Second Appeal, the Civil Application No.757 of 2001 does not survive and is disposed of as such. [R.M.SAVANT, J.] 5