1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Second Appeal No.129 of 2009. Wamanrao S/o Domaji Bakade. v Shankarrao S/o Balwantrtao Deshmukh (Dead) through Lrs Nandini and others. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri B. N. Mohta, Advocate for the appellant. Coram : A.H. Joshi, J. Dated : 23rd June, 2009. 1. This is an appeal by the unsuccessful defendant no.3. 2. The decree passed by the Trial Court against the defendants no.1 to 3 is modified by the first appellate Court restraining them from alienating the plaintiff s share in the suit property namely Chalta No.77 & 78 in Sheet No.41 of Umred without following due process of law. 3. The first appellate Court recorded a finding that the document subject matter Exh.59 of which interpretation is argued as substantial question of law involved in the case, was not a partition deed. This aspect is concurrently held by the Courts below. 4. In the present second appeal firmed reliance is 2 placed argument that Exh.59 is a partition deed, and the substantial question of law involved is about true interpretation of this document. 5. Reading of Exhibit 59 reveals that the suit properties are not partitioned, though only some properties were agreed to be separately enjoyed and disposed, few properties were continued under joint use and enjoyment. In this background, Exh.59 is not open for any other interpretation. 6. The substantial questions of law so presented in the synopsis, therefore, do not arise. 7. Appeal has no merit and is dismissed. JUDGE /Muley/