1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.682 OF 2007 Bharu Dagadu Kharate .. .. .. .. .. .. ..Appellant. Versus Nivrutti Ganpat Kharate & Others.. .. .. .. .. ..Respondent. Mr.S.K. Shinde with Mr.Sagar Kasar for the appellant. Mr.Sumit Khaire i/by P.M. Joshi for respondentNos.1, 2A to 2D, 2F, 3F, 3G and 5. CORAM : J.P. DEVADHAR, JJ. DATE : 11TH SEPTEMBER 2009 P.C. : 1. The Appellant had filed R.C.S. No.97 of 1996 in the Court of learned C.J.J.D., Igatpuri seeking partition, separate possession and mesne profits in respect of ancestral property. Said Suit was dismissed by the Trial Court by Judgment and Order dated 19-3-2001. Aggrieved by the said order, the Appellant filed Civil Appeal No.244 of 2001 in the District Court, Nashik. The said Appeal was dismissed by the learned Ad-hoc District Judge – 3, Nashik on 2-4-2007. Aggrieved by the aforesaid orders, present Second Appeal is filed. 2. The main grievance of the Appellant is that, though the defendants claimed that thee was oral partition 35 years ago, there was no evidence adduced in that behalf and, therefore, the Suit for partition ought not to have been dismissed. However, the concurrent finding of fact recorded by both the Court’s below is that the plaintiff and defendants are residing separately, cultivating separately and the record of rights are also recorded separately. It is also recorded that there are no instances of jointness in the family. In these circumstances, I see no merit in the appeal. The appeal is accordingly dismissed with no order as to costs. (J.P. Devadhar, J.)