: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.41 OF 2004 SECOND APPEAL NO.41 OF 2004 SECOND APPEAL NO.41 OF 2004 Pratapgonda Pirgonda Patil & Anr. ...Appellants V/s. Shivgonda @ Babasaheb Pirgonda Patil, . Deceased, Thru Sanjivaji S. Patil & Ors....Respondents Mr.Amit B. Borkar, Advocate, for the Appellants. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 12TH MARCH, 2008. DATE : 12TH MARCH, 2008. DATE : 12TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the appellants. None appears for respondent Nos.1a and 1c who are served with the notice. 2. Second Appeal is admitted on the following substantial questions of law:- (a). Whether the Decree passed by the Trial Court in the suit filed by the 1st respondent is in conflict with decree for perpetual injunction passed against the 1st respondent in Regular Civil Suit No.649 of 1979? (b). Whether the Courts below were : 2 : justified in passing the decree of reopening of the partition in as much as it is not the case of the 1st respondent that the partition made by the arbitration award was illegal but the case of the 1st respondent was based on the subsequent family arrangement between the parties? (c). Whether the Courts below committed an error by passing a decree by reopening of the partition in as much as the 1st respondent had not challenged the arbitration award under which partition was effected? (d). Whether the decree for reopening of the partition could have been passed in a suit in which all other properties subject matter of the partition were not incorporated as suit properties? 3. Printing is dispensed with. Private paper-book to be filed within a period of one year, failing which Appeal will stand dismissed for non-prosecution without further reference to the Court. : 3 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]