Shri. Dnyaneshwar Ramdas Mhatre And ORS v. Smt. Radhabai Amtaram Mhatre

37 sa 351-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

SECOND APPEAL NO. 351 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vijay Gharat for the appellant.

CORAM : K. K. TATED, J.

DATED : 01/09/2015.

P.C.:

.

Heard learned Counsel for the appellant.

This Second Appeal is preferred by plaintiff challenging the concurrent finding of fact recorded by both the Courts below.

In the present proceeding, the plaintiff filed Regular Civil Suit no. 101 of 2008 in the Court of Civil Judge, Junior Division, Pen for partition of HUF properties.

Both the courts below concurrently held that the partition was taken place in 1988 and since then everybody were in separate possession of their properties.

Sneha Chavan 1/2

37 sa 351-15=.doc The appellant plaintiff has not put on record any other document to show that there was no partition in the year 1988.

Considering these facts, I do not see any reason to interfere the well reasoned order passed by both the Courts below. Apart from that, there is no substantial question of law involved in the present Second Appeal.

Hence, Second Appeal stands rejected.

(K.K.TATED, J.) Sneha Chavan 2/2