RAMRAO TULSHIRAM MANSUTE Vs. OMPRAKASH TULSHIRAM MANSUTE

JUDGEMENT

(1.) This appeal challenges the judgment and decree of the learned Additional District Judge, Akot passed in Regular Civil Appeal No.177 of 2005, whereby the first appellate Court overturned the decree of dismissal and allowed the appeal of the respondent declaring him as the owner of the suit property on the basis of will-deed dtd. 3/5/1996.

(2.) By the order dtd. 18/8/2006, the following substantial questions of law came to be framed :

(3.) Mr. Ahmed, learned counsel appearing on behalf of the appellants vehemently submitted that the Will has been discarded by the trial Court on the ground that it is surrounded by suspicious circumstances which have not been explained by propounder of the Will i.e. the respondent. However, the first appellate Court without giving any reason, has set aside the finding of the trial Court by holding that the Will has been duly proved by the propounder by examining one of the attesting witnesses.