IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.825 OF 2007. APPEAL NO.825 OF 2007. APPEAL NO.825 OF 2007. Bhimashankar Nivrutti Ghodke ...Appellant Versus. Sidram Nivrutti Ghodke & Ors. ...Respondents Shri Surel S. Shah for the Appellant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 11th MARCH, 2008. : 11th MARCH, 2008. : 11th MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard advocate appearing for the appellant-plaintiff. The suit filed by the appellant-plaintiff has been dismissed by the trial Court and the decree has been confirmed in appeal. The Courts below have found that there was earlier partition of the family property in the year 1961 and the said partition was acted upon. It was held that the record of the consolidation proceedings under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 supports the theory of 1961 partition. Moreover it was held that the action of the father of the appellant of withdrawing the compensation amount in the land acquisition proceedings also fortifies the theory of oral partition in the year 1961. 2. Both the Courts below have accepted the case made out by the respondents of oral partition of the year 1961 and therefore have held that subsequent : 2 : 2 : 2 : partition of the year 1966, though registered, was not acted upon. It is not possible to interfere with the said finding. 3. Another challenge in the suit was to the execution of the Sale Deed by the second respondent in favour of the first respondent. The said challenge has failed on the ground that the appellant could not establish that the said Sale Deed was either obtained by the fraud or was invalid. In view of the concurrent findings of fact recorded by the courts below, no substantial question of law arises. Second Appeal is accordingly dismissed. There will be no orders as to costs. Judge. Judge. Judge.