1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 721 OF 2009 Shankar s/o Ramrao Nipate & others .. APPELLANTS VERSUS Smt. Wanarshibai w/o Dnyanoba Nipate & others .. RESPONDENTS Mr. D.P. Palodkar, Advocate for the appellants. Mr. R.N. Bhapkar, Advocate holding for Mr. B.S. Kudale, Advocate for respondent no. 1. ===== CORAM : R. M. BORDE, J. DATE : 5 th October, 2009. PER COURT : 1 This is an appeal by original defendants raising exception to the concurrent judgments recorded by the courts below. 2 Plaintiff is wife of deceased son of defendant no. 1. She claims her entitlement in the ancestral property in the hands of defendants. 2 Defendants have denied to allot share in her favour. Although, plaintiff has claimed 1/4 th share in the ancestral property, trial court has granted decree holding her entitled to have 1/10 th share in the suit property. Judgment and decree passed by the trial court was subjected to challenge in Regular Civil Appeal no. 166/2004 which came to be heard and disposed of by the First Adhoc Additional District Judge, Majalgaon on 20-6-2006. 3 I have perused the judgments recorded by the courts below. Computation of share by the courts below appears to be proper. Plaintiff is entitled to have 1/10 th share in the property. So far as her entitlement to the share in house property is concerned, it was controverted by defendants contending that the house property is self-acquired property of defendant no. 2 and 3. However, the defendants could not substantiate that the house property was purchased by them by applying funds from separate earning. The courts below have therefore held that house property is also ancestral property and plaintiff is entitled to claim share in the house property. View adopted by the courts below is proper and reasonable. In exercise of powers under section 100 of the Code of Civil Procedure, no interference is called for in the instant appeal. Appeal therefore stands dismissed summarily. 3 4 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sa721.09.odt