1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 579/2008 SARASWATIBAI W/O NARSINGRAO PAPULWAD VS. RAMREDDY S/O RAMKESTU AITWAR AND OTHERS Mr. U.S. Malte, Advocate for the appellant. Mr. P.V. Mandlik senior counsel I/b Mr. Amol Gandhi, Advocate for respondent No.1. CORAM : A.V. NIRGUDE, J. DATED : 1st August, 2011. PER COURT: 1. This second appeal challenges the concurrent findings of the Courts below that the appellant / plaintiff could not prove her case for perpetual injunction in respect of certain house at Nanded. 2. The facts leading to the litigation can be narrated as under. One Mathurabai was owner of house at Nanded. She had two sons by name Maroti and Rama. Maroti’s daughter Saraswatibai is the appellant. Original defendants, the respondents Nos. 2 and 4 are sons of Rama who allegedly sold the suit property to respondent No.1. The appellant / plaintiff tried to contend that the house was ancestral property in which she had share and that the sons of Rama could not have sold the suit house. The Courts below however rejected her case when they found on facts that the suit house was divided portion of the original house belonging to Mathurabai. The Courts below also found that long back, house belonging to Mathurabai was partitioned 2 and the portion which fell to the share of her son Rama, is the suit property and is validly sold to respondent No.1. The Courts below also held that other half portion of Mathurabai’s house was given to Maroti, the father of appellant / plaintiff and in this house, the appellant / plaintiff is staying. In view of this, the claim of the appellant / plaintiff came to be rejected. I find no substantial question of law arising in this appeal. The appeal should therefore, fail. ORDER I. The appeal is dismissed. II. The observations made in this judgment are in respect of the house of Mathurabai mentioned in the plaint. III. In view of dismissal of this appeal, Civil application No. 7551/2008 stands disposed of. [A.V. NIRGUDE,J.] ts k/2011/August1/sa579.08