1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Second Appeal No. 223 of 2006 Gangubai Parasram Patil & Ors. Vs. Doma Sampat Patil Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri Kukde Adv. for appellants. Shri Gaikwad Adv. for respondent. CORAM: C. L. PANGARKAR J. Dated: 22 nd April, 2008. Heard counsel for the appellant and the respondent. This is an appeal by the original plaintiffs who filed a suit for declaration and injunction against the defendant. Plaintiffs claim that suit field was purchased in the name of the father of the plaintiffs in the year 2 1963 and 1968. They contended that Parasram the father of the plaintiffs No. 2 to 5 was exclusive owner of the suit property and defendant has wrongly usurped the possession. Defendant contended that property was jointly acquired and there was a partition and since 1972 he has himself been cultivating half portion of the suit property. Learned Judge of the trial Court found that there was a partition in the year 1972 of the property which was jointly acquired. Holding so he dismissed the suit. First appellate Court also concurred with the finding. It is therefore apparent that there are two concurrent finding of fact that property was jointly acquired by Parasram and the defendant. This has been found by the Courts below, as a fact that there was a partition in the year 1972 and defendant has been 3 cultivating the half portion of the suit land since then. Trial Court as well as first appellate Court have rightly appreciated the evidence and further as a fact found that there was a partition and there is a separate cultivation by defendant of half portion of the land. These are all questions of fact. No question of law is raised by the learned counsel for the appellant. I do not find that there is any mis-appreciation or perverse appreciation of the evidence by the Courts below. No substantial question of law is involved in the appeal. Appeal is dismissed in limine. JUDGE svk