1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 452 OF 2004 WITH CIVIL APPLICATION NO. 419 OF 2004 Jaiban Abdul Kadak Bagwan. ors.......Appellant versus Allahabaksh Balu Bagwan & ors........ Respondent. Mr. M.V. Limaye for the Applicant Mr. P.D. Dalvi for the respondent CORAM: RANJIT V. MORE, J. DATED : 20th OCTOBER, 2008. P.C.: 1. Heard Mr. Limaye learned counsel for the appellant and Mr. Dalvi for the respondent. The appellant is the original Plaintiff and the respondents are original defendant. The appellant filed suit for partition and separate possession. The trial court granted partition in both agricultural land as well as house property. Respondent preferred an appeal before the lower appellate court and lower appellate court modified trial court's decree so far as the agricultural land is concerned. The appeal court restricted the trial court's decree for partition and separate possession of the house properties only. The appellants were not granted partition in agricultural land as the same stood 2 in the name of respondent no.1. The parties are Mohammadian by religion. The presumption under Hindu Law regarding joint family and joint family property are not available to the appellants. The appellant failed to prove that the agricultural land which is standing in the name of defendant no.1 is infact property of his father. The findings are recorded by the lower appellate court after appreciating evidence on record. I do not find any reason to interfere in the finding recorded by the lower appellate court. No question of law much less substantial question of law is involved. Second appeal is accordingly dismissed. 2. In view of the dismissal of the second appeal, civil application does not survive and the same is also dismissed. (R.V. More, J.)