: 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.669 OF 2007 SECOND APPEAL NO.669 OF 2007 SECOND APPEAL NO.669 OF 2007 Satappa Yallappa Limgide, Deceased, . Thru’ Gangubai Sattappa Limgide & Ors. ...Appellants V/s. Madhukar Ganesh Kauthekar & Ors. ...Respondents Mr.Anilkumar Patil, Advocate, for the Appellants. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 14TH MARCH, 2008. DATE : 14TH MARCH, 2008. DATE : 14TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate appearing for the appellants. The Second Appeal is preferred by the legal representatives of the original 3rd defendant. The 1st and 2nd respondents are the original plaintiffs who filed a suit for partition. The Trial Court decreed the suit for partition by directing that action shall be taken under Section 54 of the Code of Civil Procedure, 1908. The Appeal preferred by the present appellants to the District Court has been dismissed. 2. After having heard the learned Advocate appearing for the appellants, I find that there is no error in the concurrent findings of facts recorded by both the Courts below. The issue of tenancy does not arise. The learned Advocate appearing for the appellants invited my attention to the observations : 2 : made by the Trial Court in paragraph No.8 of its Judgment. It is submitted that the Appellate Court has not disturbed the said observations made by the Trial Court. 3. In paragraph No.8, the Trial Court has observed thus :- "8. The learned Advocate of the defendant No.1 Shri Bhagwan has strongly argued that dispute between the parties is in respect of 15 Are land in which the plaintiffs No.1 and 2 together have got 3 Annas 6 pies share jointly. Hence partition of the share of the plaintiffs is not feasible and thus cannot be done. In my opinion that is a question to be determined in execution proceedings. The plaintiffs may be given proportionate price of their respective shares in case if executing court finds difficulty in effecting partition. At this stage while awarding decree of partition this matter cannot be a question of consideration." 4. It is obvious that the authorities effecting the partition are bound to take into consideration what is observed by the Trial Court. 5. Subject to what is stated above, Second Appeal is dismissed with no orders as to costs. : 3 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]