: 1 : SD 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 JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.681 OF 2007 SECOND APPEAL NO.681 OF 2007 SECOND APPEAL NO.681 OF 2007 Khasherao Vasantrao Desai ...Appellant V/s. Vasant Shripati Gavali & Ors. ...Respondents Mr.Umesh Mankapure, Advocate, for the Appellant. Mr.S.G. Deshmukh, Advocate, for Respondent Nos.1 and 2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 26TH MARCH, 2008. DATE : 26TH MARCH, 2008. DATE : 26TH MARCH, 2008. P.C.: P.C.: P.C.: 1. This Second Appeal is by the applicant in a petition filed for grant of letters of administration on the basis of Will dated 23rd November, 1981 allegedly executed by the deceased Shripati Dudhaji Gavali and codicil allegedly executed by him on 4th April, 1989. The Trial Court dismissed the application made by the applicant on the various grounds including the ground that the mental and physical condition of the deceased was not proved to be sound at the time of execution of the alleged codicil. An Appeal was preferred by the appellant. The said Appeal has been dismissed by the District Court. : 2 : 2. After having heard the submissions of the learned Advocate for the appellant, I find that the Courts below have recorded findings of fact on appreciation of oral evidence on record. The Courts below and in particular the Appellate Court found that on the Will, the deceased had put his signature and on the codicil his alleged thumb impression appears. The Appellate Court has observed that the testator was a teacher by profession and even assuming that his hands were trembling, he could have still signed the codicil. 3. In view of concurrent findings of facts recorded by both the Courts below holding that the appellant has failed to prove the Will and codicil, no interference is called for in the Second Appeal. The Second Appeal is accordingly dismissed. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]