Shri.Vishnu Dattatram Gaonkar (Deceased Thru Lrs) 1a.Smt.Subhandra Vishnu Gaonkar (Deceased) v. Shri.Jaywant Kalu Gaonkar

osk 18-sa-391-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 391 OF 2018 Vishnu Dattaram Gaonkar (Since deceased Through LRs.) & Ors.

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Appellants V/s.

Jayant Kalu Gaonkar & Ors.

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Respondents • Mr.Rajesh B. Parab for the Appellants.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 2nd AUGUST, 2018.

P.C. :

1] Heard learned counsel for the Appellants.

2] The suit for partition and separate possession filed by the Appellants came to be dismissed by the trial Court on three grounds. First is that, all the necessary parties are not joined; second is that, all the properties are also not joined and third is that, the Appellants have failed to prove that the suit properties are ancestral joint family properties. The First Appeal preferred against the same also came to be dismissed. There is thus concurrent findings of fact of all these three aspects.

3] In view thereof, no substantial question of law raised in this Second Appeal, the Second Appeal therefore stands dismissed. [DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1