IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 24 OF 2009 WITH CIVIL APPLICATION NO. 85 OF 2009. Shivram Gunaji Koyande ..... ..... ...Appellant. V/s Sambhaji Gunaji Koyande & Ors. ..... ..... ...Respondents. Mr.V.S.Gokhale, Adv. for the appellant. None for the respondents. CORAM: A.P.DESHPANDE, J. 16th March, 2009. PC: The appellant and respondent No.1 are real brothers and are sons of one Gunaji. The respondent/plaintiff instituted a suit for partition which came to be decreed. The appeal filed by the present appellant before the District Judge was dismissed as the first appellate court concurred with the view taken by the trial court that the properties are ancestral properties and hence the plaintiff has ½ share therein. 2. Learned counsel for the appellant in the first place contended that one of the properties was mortgaged and the appellant alone has redeemed half share in the mortgaged property. It is further submitted that the plaintiff had declined to contribute for redemption. Hence it is contended that the appellant became exclusive owner of 1 half share in the property that has been redeemed. The courts below have rightly held that if the appellant has spent for redemption of property he would have right of subrogation and he would be entitled to invoke rights under section 92 of the Transfer of Property Act. By virtue of redemption of property one who re-deems does not acquire title to the property. Reliance is placed on section 92 of the Transfer of Property Act. No fault can be found with the view taken by the courts below. No particulars are brought on record touching redemption. 3. It is next contended that the appellant alone has spent money for repairs of house and the plaintiff had not contributed any amount. Non-contribution of amount for repairs does not divest the respondent of his title to the property. In such a situation yet again it is open for the appellant to seek contribution. No substantial question of law emerges for consideration. Hence second appeal is summarily dismissed. In view of dismissal of appeal civil application does not survive and the same also stands disposed of. 16.3.2009. 2