1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.59 OF 2010 Shri Jagnnath Anandrao Atole )..Appellant Vs. Shri Mahadeo Jagnnath Atole & Ors. )..Respondents ---- Mr. Vishwanath S.Talkute for the appellant. ---- Coram : R.S.MOHITE,J Date : 22nd February, 2010 PC 1 This is an appeal filed by the original defendant. The plaintiff filed the suit for partition and separate possession in respect of four lands. In respect of three of the lands, both the Courts have refused the suit for partition on the ground that the three lands in question were the properties of the grand-mother of the present plaintiff and defendant. We are therefore, only concerned with one of the properties bearing gat no.61/2. It is firstly contended that this property was also self acquired property of the grand-mother. Both the courts have held that this is not so. The sale deed stands in the name of Anandrao husband of Kondabai, who was the head of the joint family. In this view of the matter, decreeing of the suit for partition by the lower Courts cannot be faulted. It was sought to be argued that defendant no.1 has paid maintenance to defendant no.2. Merely paying maintenance would not deprive defendant no.2 of her share in the property. There is no substantial question of law made out in the Second Appeal which is against the concurrent decrees of the two lower Courts. Hence, Second Appeal is summarily rejected. (R.S.MOHITE,J) 2 3