1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.474 OF 2009 WITH CIVIL APPLICATION NO.1576 OF 2009 Mr.Rajaram Vasant Tipugade ..... Appellant vs. Mrs.Vimal Maruti Kamble ..... Respondents (Mardane) & Ors. Mr.S.S. Patwardhan with Ms.Deepti Pawar, Advocate for appellant. CORAM : SMT.R.P.SONDURBALDOTA, J. DATED : 1st December, 2009. PC : 1. This Second Appeal arises out of the concurrent findings of the Courts below as regards the claim to partition of the suit property. The respondents no. 1 and 2, the original plaintiffs filed the suit herein contending that partition of the ancestral properties had taken place in the year 1988 and in that partition, the suit property had fallen to their share. They sought declaration to that effect. In the alternative, they sought partition of the suit property treating it as a joint family property. Respondents no.3 and 4 supported the claim of respondents no. 1 and 2 as regards the partition in the year 1988 and the effect of partition. The appellant, however, disputed the claim contending that the partition had in fact taken in the year 1984 and in that partition, the suit property 2 fallen to his share. Both the Courts below, on appreciation of the evidence led by the parties have held that respondents no.1 and 2 had not led sufficient evidence of actual partition as claimed by them. Since there was no dispute that the property was joint family property and the dispute was only regarding its partition, the Courts below granted the alternate prayer of respondents no.1 and 2 of partitioning the suit property. The concurrent finding of fact of the Courts below being supported by the evidence on record and the finding being possible and reasonable view in the matter, the same does not require interference in the Second Appeal. There is also no substantial question of law arising for consideration of the Court in the matter. Hence, the Second Appeal is dismissed. 2. In view of dismissal of the Second Appeal, the Civil Application No.1576 of 2009 does not survive, the same is accordingly disposed off. (Smt.R.P.SondurBaldota, J.)