1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.181 OF 2003 Balaku Dharu Mene .. Appellant V/s. Ganpati Dharu Mene (Since deceased through his LR's) Maruti Ganpati Mene & Ors. ..Respondents Mr.P.S.Dani for the Appellant. None for the Respondents. CORAM : R.M.SAVANT, J. DATED : 11TH SEPTEMBER, 2008. P.C. This Appeal takes exception to the Judgment and decree dated 29th July, 2002 passed by the learned 6th Additional District Judge, Kolhapur in Regular Civil Appeal No.321 of 1997 by which the Judgment and decree passed by the Trial Court dated 2 20th February, 1997 has been confirmed. 2. The Appellant is the original Plaintiff who had filed a suit for partition and separate possession in respect of Regional survey No.48 and 49 which has been dismissed on the ground that on account of the memorandum of partition, a partition has already taken place between the parties and both the Plaintiff and Defendant who are brothers were enjoying their separate shares. The said finding has been confirmed by the Lower Appellate Court in the Appeal filed by the Plaintiff. Both the Courts below therefore have recorded concurrent findings of fact on the basis of the material that was before them that the properties belonging to the family have already been partitioned between the Plaintiff and the Defendant. The Second Appeal does not raise any substantial question of law 3. The Second Appeal is, accordingly, 3 dismissed. [R.M.SAVANT, J.]