1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 320 OF 2009 Annappa Sattappa Avati (deceased, through legal heir) Shivaningavva Annappa Avati ... Appellant v/s Smt.Nilawa Sattappa Avati & ors. ... Respondents Mr.T.S.Ingale for the appellant. CORAM: SMT.NISHITA MHATRE, J. DATED: 4TH AUGUST, 2009 P.C.: 1. The second appeal has been filed against the concurrent findings of fact of both the Courts below whereby the suit property has been partitioned. The Trial Court declared that the plaintiffs and defendant No.1 i.e. the appellant herein, had 1/3 share each in the property i.e. Gat No.465 and 466. The house property has also been divided and it is declared that plaintiff No.1 has 1/2 share in the house property. 2 2. The appellate Court has held that the calculations of the shares has not been worked out correctly. The Trial Court had not considered the fact that Sattappa, the husband of plaintiff No.1 and the father of plaintiff No.2 and defendant No.1, who was a coparcener in the ancestral property, had died and, therefore, his share would have to be divided equally between plaintiffs and defendant No. 1. Accordingly, the appellate Court has directed that plaintiff No.1 and defendant No.1 each are entitled to 4/9 share, whereas plaintiff No.2 is entitled to 1/9 of the share in the suit property. 3. In my opinion, there is no error committed by the Courts below when both the Courts have found that the property was ancestral property and was, therefore, partitioned in accordance with law. Both the Courts below have on the basis of the evidence on record concluded that defendant No.1 i.e. the appellant herein, was not the exclusive owner of the suit property although the mutation entries were recorded in his name. 4. In these circumstances, I do not see any reason to entertain the second appeal since no substantial questions of law arise. 3 5. Appeal stands dismissed. 6. In view of dismissal of the second appeal, Civil Application No.1099 of 2009 does not survive and stands dismissed. ..... 4