1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.460 OF 2009 Sikander Ghudulal Shaikh )..Appellant V/s. Nyamatbi Ghudulal Shaikh & Ors. )..Respondents ­­­­ Mr. S.M.Mirajkar for the appellant. ­­­­ Coram : R.S.MOHITE,J Date : 14th January, 2010 PC 1 This is a Second Appeal filed by the original plaintiff impugning a judgment and order passed by the Appellate Court being District Court­2, Kolhapur on 21.4.2009 in Regular Civil Appeal No.250/2007. By the impugned judgment and order, the appeal has been partly allowed and the judgment and decree dated 28.08.2007 passed by the Joint Civil Judge, Jr.Division, Kagal, has been set aside and it has been held that the original plaintiff is entitled only to 14/72 share in the house property bearing C.S.No.111 of village Karnoor , and defendant no.6 is only entitled to 7/72 in the said house. The decree of the trial Court in so far as it pertained to agricultural land was set aside and the rest of the prayer of the plaintiff in the original suit was rejected. It is seen that the appellate Court has denied partition in respect of the agricultural land on the ground that in 7/12 extract of 2 the year 1998­99 the name of the predecessor in title by name Ghudulal had been bracketed. This 7/12 extract has been filed by the plaintiff. There is no other evidence shown to me to indicate that ownership of Ghudulal continued till the date when succession opened on 29.8.1999. In this view of the matter, there is no substantial question of law involved in this Second Appeal and the same is summarily rejected. (R.S.MOHITE,J) 3