1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.120 OF 2010 WITH CIVIL APPLICATION NO.114 OF 2010 Mahendra Dinkar Kamble & Ors. )..Appellants Vs. Sakharubai Shankar Waghmare & Ors. )..Respondents ---- Mr. U.P.Warunjikar for the appellants. Mr.S. G. Deshmukh i/by Mr.Vikas Kolekar for respondent nos.1 & 2. ---- Coram : R.S.MOHITE,J Date : 10th March, 2010 PC SECOND APPEAL NO.120 OF 2010 1 This is a Second Appeal filed by the original defendant nos.1 to 3 impugning two concurrent judgment and decrees of the trial Court and appeal court decreeing the plaintiff’s suit for a declaration of ownership and his prayer for possession with mesne profit. The case of the defendants rested upon a Will said to have been executed by the husband of the plaintiff in their favour on 6.12.1985. It is not disputed that on the same day the husband admittedly executed another document being a power of attorney. The husband of the plaintiff had earlier executed a sale deed in the year 1954. The case of the plaintiff was that the Will purported to have been executed was not a genuine document. This has been accepted by both the courts and since plaintiff is a natural heir, the plaintiff’s suit was decreed by the trial Court and the decree has been confirmed by the appellate Court. The substantial question of law as argued is that the husband of the plaintiff has 2 suffered a stroke and the hand-writing expert had admitted in his evidence that such an occurance could change the signature. That the lower court ought not to have placed reliance on the evidence of the hand-writing expert. There is no substance in this contention. As the comparison is not only with the document of 1954 but also with a document executed on the same day. Even otherwise the Will in favour of the distant relatives is by itself a suspicious circumstance. In the circumstances, no substantial question of law arises in the Second Appeal. Second Appeal is summarily dismissed. CIVIL APPLICATION NO.114 OF 2010 As the main appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3