1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIAL APPELLATE JURISDICTION SECOND APPEAL NO. 450 OF 2008 Guntaji Narayan Shirole & ors........Appellants versus Ragunath Gunta Shirole ......... Respondents. Mr. Ramesh Dube patil i/b. M/s. Jay & Co. for the Appellants CORAM: R. V. MORE, J. DATED : 29th September, 2008. P.C.: 1. Heard the learned counsel appearing for the appellant. Appellant is the original defendant. The suit filed by the respondent/original Plaintiff for partition and separate possession of the ancestral property belonging to the joint family consisting of the appellant and the respondent, partially decreed by the trial court, so far as the agricultural land is concerned. The first appellate court confirmed the decree of partition. Both the lower courts concurrently held that the suit properties, except house property, are joint Hindu family property and the respondent/plaintiff has 1/3rd share. 2. The learned counsel for the appellant however submits that it was his case in the written statement that there was 2 partition in the year 1972 and the respondent/plaintiff sold out some of property which fell to his share. Both the lower courts however, concurrently held that the respondent could not prove his contention of prior partition by leading evidence. In that view of the matter, no question of law involved much less substantial question of law, in theis second appeal. Appeal is devoid of any merit and same is thus dismissed. 4. In view of the dismissal of the appeal. Civil Application does not survive and is dismissed. ( R.V. MORE, J.)