1 S.A. 415/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 415/2011 ASHOK VITTHAL GAWALI VS. DEVIDAS VITTHAL GAWALI AND OTHERS Mr. Anand I. Deshmukh, Advocate for the appellant. Mr. P.P. Patil, I/b Mr. A.R. Shinde, Advocate for respondent No.1. CORAM : A.V. NIRGUDE, J. DATED : 14th Sept., 2011. PER COURT: 1. This second appeal is challenging concurrent findings of the Courts below that the suit property was ancestral property of the parties to the suit and so their father had no authority to make a Will in respect of it and bequeath it to the appellant. The respondents / plaintiffs came with a case that the suit property is ancestral property of the joint family of the parties and their father. During the life time of their father, this property was divided amongst three brothers who were parties to the suit and they alleged that the appellant / defendant was trying to dispossess them from their shares. They sought perpetual injunction. They further alleged that the defendant had obtained a Will from their father before his death in which the father bequeathed the entire suit land to him. They sought declaration that the Will was illegal. The Courts below as said above, concurrently held that since the suit property was ancestral, the father of the parties had no authority to bequeath it to one of the sons. On the other hand, the appellant / defendant came with a case that the suit property was 2 S.A. 415/2011 self acquired property of their father the testator but he did not prove this at all. In view of this, there arises no substantial question of law in this appeal. ORDER The appeal is dismissed. Civil application No. 10062/2011 is disposed of. [A.V. NIRGUDE,J.] ts k/2011/Sept14/sa415.11