(1) SA. 268.2003 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 268 OF 2003 Dadamiyan Hasankhan .. Appellant VERSUS Jorawarkhan S/o Amirkhan and ors. .. Respondents AND CIVIL APPLICATION NO. 2849 OF 2003 IN SECOND APPEAL NO. 268 OF 2003 Dadamiyan Hasankhan .. Applicant VERSUS Jorawarkhan S/o Amirkhan and ors. .. Respondents Mr. A.G. Dalal, Advocate h/f. Mr. V.D. Salunke, Advocate for the appellant Mr. M.P. Kulkarni, Advocate h/f. Mr. G.K. Naik Thigale, Advocate for respondent nos. 1,2 4 to 6 S.A. stands abated against Respondent no.3 as per Court's order dated 9.4.2009 CORAM : A.V. NIRGUDE, J. DATED : 8TH JANUARY, 2010 ORAL ORDER:­ 1] The appellant is challenging the two concurrent findings of facts in this appeal. The respondents 1 and 2 are nephews of the appellant. They filed a suit for partition of certain agricultural land which stood in the name of the appellant. The respondents 1 and 2 asserted that this was ancestral joint family property. They sought their share of the property as per the (2) SA. 268.2003 personal law. The appellant opposed the suit on two counts (i) that the grand­father of the respondents who happened to be the father of the appellant, had effected oral partition of the properties and the present property was given in share of the appellant. (ii) The appellant contended that the second piece of ancestral property was allotted to the share of the respondents 1 and 2. The appellant further contended that the respondents then sold that piece of land. 2] The Courts below did not believe the case of the appellant about the oral partition. The Courts below also held that the appellant could not prove that the land which the respondents sold, was ancestral property or joint family property fallen to the share of the respondent's father. It was held that the said piece of land belonged to the respondents 1 and 2 exclusively etc. Having seen the judgments of the Court below, I see no substantial question arising in this appeal. The Second Appeal should therefore, fail. The Second Appeal stands dismissed. Consequently, Civil Application no. 2849 of 2003 seeking stay also stands disposed of. Sd/­ (A.V. NIRGUDE, J.) arp