IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CIVIL APPELLATE JURISDICTION SECOND APPEAL No. 1261 OF 2004 Santu Sakharam Sanap ... Appellant Vs Revubai Value Sangle & Ors. ... Respondents Mr. R. M. Hardas i/b P. N. Joshi, for the Appellant. Mr. A. B. Avhad, for the Respondent Nos. 1 to 3. CORAM: A. P. DESHPANDE, J. DATED: FEBRUARY 3, 2009. P.C.: ---- . The appellant instituted suit against his mother and 2 sisters for partition and separate possession, and for setting aside the sale deeds executed by the mother in favour of her daughters. According to the appellant/original plaintiff, the suit property is an ancestral property and hence, he had share therein whereas according to the defendants, the property in question was separate property of the mother of the appellant/defendant No.1 and thus, she was very much empowered to execute the sale-deeds in favour of the daughters. Parties have led evidence and on appreciation of evidence, a finding of fact has been recorded concurrently by the Courts below, holding that the suit property is exclusively owned and possessed by defendant No.1, the mother of the - 2 - appellant. It has come on record that besides the property in question, there are other properties exclusively owned and possessed by the defendant No.1 alone. The house in question viz. the suit house was purchased in the name of defendant No.1 and she sold the said property during the life time of her husband in favour of her daughters and utilized the funds. The only submission which is made by the learned counsel for the appellant is that defendants have failed to establish that consideration had passed under the sale-deeds, executed by the mother in favour of the daughters. In the first place, it does not appear to be seriously contended by the appellant before the Courts below that the sale-deeds are bad, on account of want of consideration and in the second place in paragraph 14 of the Appellate Court’s order it is observed referring to the evidence of mother of the appellant wherein she deposed about part of consideration received from her daughters was paid to one Namdeo Murlidhar Sangale. No question of law emerges for adjudicaton. Hence, there being no merit in the second appeal, the same is summarily dismissed. Sd/- [ A. P. DESHPANDE, J.]