1 903-sast-20230-2002.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj SECOND APPEAL (ST)NO.20230 OF 2002 Kashibai S. Chavan & Others .. Appellants. V/s. Housabai J. Gujale & Others .. Respondents. Mr. S. S.Patwardhan, for theAppellants. None for Respondents. CORAM : G.S.GODBOLE, J. DATE : 21st SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the Appellants. 2 By separate order passed today in Civil Application No.1283 of 2011, the Second Appeal which was numbered as Rejected Case No.1235 of 2011 has been restored. I have heard Mr. Patwardhan. In a suit for partition and separate possession, the learned Jt. Civil Judge, Junior Division, Sangola, decreed Regular Civil Suit No.172 of 1990 filed by 2 903-sast-20230-2002.sxw Hausabai and she was granted 1/3rd share and the Defendants were granted different shares. Some of the Defendants filed Civil Appeal No.10 of 1998 in the District Court. Pending the said appeal, Original Plaintiff died. Her heirs were not brought on record and, hence, the Appeal abated as against her. Considering the fact that though the suit was filed for partition and separate possession, entire appeal abated as rightly recorded by the learned 4th Additional District Judge, Pandharpur in the impugned Judgment and Order dated 21st December, 2001. 3 Apart from this, the Trial Court and the Appellate Court have concurrently recorded the finding of the fact regarding the nature of the property and the shares of the party and the District Court has also held that the Appellants have clearly accepted the shares of Original Plaintiff by jointly executing the Sale Deed in respect of the joint properties in favour of third party. 4 No substantial question of law arises. Second Appeal is, therefore, dismissed. 5 On account of dismissal of the Second Appeal, Civil Application (St.) No.4712 of 2010 numbered as Rejected Case No.1326 of 2010 and Civil Application No.4710 of 2010 numbered as Rejected Case No.1327 of 3 903-sast-20230-2002.sxw 2010 do not survive and same are also dismissed. 5 For the statistical purposes, office to number the Second Appeal and the aforesaid two Civil Applications. (G.S.GODBOLE, J.)