IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 1094 OF 2004 Dinkar Pandharinath Gurav & Anr. ...... ...... Appellants V/s Manik Balbhim Gurav ... ........ ...... Respondent. Mr.P.J.Shinde, Adv. For the appellants. Mr.V.B.Rajure, Adv. For respondent No.1. CORAM: RANJIT MORE, J. 13th OCTOBER, 2008. PC: Heard learned advocates for respective parties. Original defendant has approached this Court by way of aforesaid second appeal. The respondent No.1-original plaintiff filed a suit for partition in respect of two houses. There is no dispute between the parties that the landed properties are already partitioned. The trial court as well as the appellate court have found that the suit properties are ancestral properties of the appellant and respondent No.1 and accordingly granted half share to respondent No.1. 2. Mr.Shinde, learned advocate for the appellants submitted that out of the suit property one house which is situated at Khorochi is self acquired property of defendant No.1. However both the lower courts in this regard concurrently held that the same is also a joint family property. This finding of fact cannot be interfered with in exercise of my powers under section 100 of the Code of Civil Procedure. No question of law, much less substantial question of law, is involved in the present appeal. Hence second appeal stands dismissed. In view of disposal of second appeal Civil Application No.1365 of 2004 does not survive. 13.10.08 (R.V. MORE, J.)