IN THE HIGH COURT OF JUDICATURE AT THE HIGH COURT OF JUDICATURE AT THE HIGH COURT OF JUDICATURE AT BOMBAY BOMBAY BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL No. 480 OF APPEAL No. 480 OF APPEAL No. 480 OF 2006 Yashoda da da S. Dhore & Ors. .... Appellant S. Dhore & Ors. .... Appellant S. Dhore & Ors. .... Appellant Vs. Vs. Vs. Pandurang rang rang A. Dhore & Ors. ... Respondent A. Dhore & Ors. ... Respondent A. Dhore & Ors. ... Respondent Dr. S.R. Bhosale and Mr. R. L. Patil, advocates for appellant. Mr. A. B. Avhad, advocate for respondent. CORAM CORAM CORAM : Dr. S. RADHAKRISHNAN, J. : Dr. S. RADHAKRISHNAN, J. : Dr. S. RADHAKRISHNAN, J. DATE DATE DATE : JUNE 20, 2006. : JUNE 20, 2006. : JUNE 20, 2006. P.C. P.C. P.C. . Heard the learned counsel for the appellant and the respondent. Both the lower courts have concurrently held against the appellant with regard to suit for declaration and injunction. It appears from the lower appellate Court’s judgment in paragraph 12 that the appellant had admitted that the suit property was partitioned earlier and the co-parceners had surrendered or waived their rights in regard to these properties, and if that be so, Krishnabai was entitled to bequeath the property. Hence, the submission of the learned counsel for the appellant that the above property was a Joint Hindu Family property, could not be sustained as the same was partitioned earlier. Under these circumstances, there is no substantial question of law involved in this appeal. Appeal stands dismissed. [ Dr. S. RADHAKRISHNAN, J.] Dr. S. RADHAKRISHNAN, J.] Dr. S. RADHAKRISHNAN, J.]