-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.839 OF 2003 APPEAL NO.839 OF 2003 APPEAL NO.839 OF 2003 Laxman Bhikaji Awachat ...Appellant Vs. Nagesh @ Anant Bhikaji Aachat (since deceased through L.R.) ...Respondent Ms Suhasini Mutalik for the Appellant None for the Respondent. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: APRIL 24,2006. APRIL 24,2006. APRIL 24,2006. P.C.: P.C.: P.C.: 1. Second Appeal is by the unsuccessful Plaintiff. The Appellant-Plaintiff claimed suit property on the basis of a will. The Courts below have held that the will in question has been duly proved. However, the courts have held that the Appellant-plaintiff cannot acquire any title on the basis of the will. 2. The learned Advocate for the Appellant submitted that whatever is stated in the document of will has been implemented in so far as properties mentioned therein are concerned and therefore now the Respondent-Defendant cannot say that the will cannot be acted upon. 3. The finding of the courts below is not that the will is not proved. The finding is that on the basis of the will, -2- the Appellant-Plaintiff cannot acquire any title. The reason is that the will refers to the partition which was effected earlier and it is stated that in the said partition, the suit property was allegedly allotted to the Appellant-Plaintiff. 4. The title is claimed by the Plaintiff is based on the will and not on earlier partition. In view of this position, there is no fault in the view taken by the Courts below. No substantial question of law arises. Second Appeal is dismissed with no order as to costs. Judge. Judge. Judge.