1 Second Appeal no. 761.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.761 OF 2009 Shivaji S/o Kishan Surywanshi ... Appellants and others. V E R S U S Gajanan S/o Anandrao Surywanshi and others. ...Respondents ... Mr. G.N.Chincholkar,Advocate holding for Mr. S.G.Chinchokar, Advocate for Appellants Mr. G.G.Kadam, Advocate for respondent Nos 1 & 2 ... CORAM : V.R.KINGAONKAR, J. DATED : 18TH DECEMBER, 2009 PER COURT 1] Heard. 2] The plaintiffs are grand-son and daughter-in- law of deceased Kishan, who was original holder of the property in question. They filed a suit for partition and separate possession. The suit came to be decreed. The land which was held by deceased Kishan was directed to be divided and they were given 1/12th share, having regard to number of heirs left by him. According to defendants, there was previous partition in which father of the 2 Second Appeal no. 761.09 plaintiff no.1 and husband of plaintiff no.2, namely, deceased Anandrao allotted separate share and therefore, plaintiffs had no right to claim any further share in the properties of the family. Both the Courts have negatived such contentions of the defendants. The impugned judgment is based on material which was placed on the record, and is based on appreciation of the evidence. No substantial question of law is involved. Hence, the appeal is dismissed. Sd/- ( V.R.KINGAONKAR, J.) MTK/