1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APEPAL NO.283/2010 PREMNARAYAN RAMESHWAR AGRAWAL ..VS. DWARKADAS BANSIDHAR CHOUDHARI Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order C ORAM : SMT. VASANTI A NAIK, J. DATED : 7 th JULY, 2010 . Heard Shri Jaiswal, the learned counsel for the appellant. The appellant is the original plaintiff. A suit was filed by the plaintiff claiming that the plaintiff was the owner of the suit property. According to the plaintiff his grandfather Shivdayal had executed a will making the bequest of the suit property in his favour on 4.1.1959. The plaintiff further sought a declaration that a decree passed by the Civil Judge, Senior Division, Bhandara on 29.2.1996 in Special Civil Suit No.45/1985 partitioning the properties between the father and uncles of the plaintiff was null and void. Both the courts concurrently held that the plaintiff failed to prove that his grandfather Shivdayal had executed a will dated 4.1.1959 in favour of the plaintiff. The plaintiff had failed to produce the will and prove the same. The courts further held that the plaintiff had been 2 unsuccessful in proving that the decree in Special Civil Suit No.45/1985 was null and void. The courts therefore, held that the plaintiff was not entitled to grant of reliefs claimed by the plaintiff. The findings recorded by both the courts are pure findings of facts based on a proper appreciation of the material evidence on record. They do not give rise to any substantial question of law. The second appeal therefore fails and is dismissed with no order as to costs. JUDGE SMP.