1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO. 1 OF 2011. Smt. Shantabai wd/o Kisnaji Deshmukh and others. VERSUS Baba s/o Kisnaji Deshmukh and another. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : R.M.SAVANT, J. DATED : 10.01.2011. Heard Shri K.R. Lule, learned Counsel for appellants. This Appeal takes exception to the judgment and decree dated 30.11.2010 of the Appellate Court, by which the decree passed by the Trial Court has been confirmed. The question before both the Courts below was – whether the plaintiffs have relinquished their share in the ancestral property in favour of their mother ? Both the Courts below have concurrently 2 held on the basis of the document and recitals, that the recitals of the said document no where reflect that the plaintiff Baba, his deceased brother Bhaurao and married sister Anjanabai have relinquished their share in the suit field bearing Survey No. 109 or even the house. Both the Courts below have therefore, held that defendant Shantabai was not competent to execute the Gift-deed on 20.04.2006 in favour Rekha and her minor sons. Both the Courts below have concurrently held in favour of the plaintiffs, in so far as the aforesaid aspect is concerned. In my view no substantial question of law is involved in the Second Appeal, which is accordingly dismissed. No costs. JUDGE Rgd