IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.372/2010 SURENDRA WASUDEORAO POLKANDWAR & ORS ..VS.. NARENDRA POLKANDWAR Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 13/8/2010 The appellants are the original defendants. A suit was filed by the plaintiff for partition and separate possession of his share in the suit property. The defendants denied the claim of the plaintiff and pleaded that the partition of the suit property was effected even prior to the filing of the suit. The defendants pleaded that deceased Venkatrao had gifted his 1/3rd share in the suit property to the defendants. The defendants sought for the dismissal of the suit. Both the courts on appreciation of the evidence on record held that the plaintiff was entitled to his share in the suit property. The findings recorded by both the courts are pure findings of facts and are based on material evidence on record. They do not give rise to any substantial question of law. The second appeal is therefore, dismissed with no order as to costs. JUDGE SMP.