(1) SA. 912.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 912 OF 2008 Rajendra S/o Jagannath Gholap .. Appellant VERSUS Bhagwan S/o Baburao Gholap and ors. .. Respondents WITH CIVIL APPLICATION NO. 13153 OF 2008 IN SECOND APPEAL NO. 912 OF 2008 Rajendra S/o Jagannath Gholap .. Applicant VERSUS Bhagwan S/o Baburao Gholap and ors. .. Respondents Mr. N.V. Gaware, Advocate for the appellant- applicant Mr. N.L. Jadhav, Advocate for the respondent nos. 1 and 2 None present for respondent no.3 though served CORAM : A.V. NIRGUDE, J. DATED : 14TH AUGUST, 2009 P.C.:- 1] The second appeal is filed against the concurrent findings. 2] The respondents filed the suit for partition and for separate possession. They enumerated certain lands being the joint family (2) SA. 912.2008 properties. They stated that the appellant who is their nephew, did not offer them share in the suit property though, his father and the respondents made a joint family. . But the appellant could not prove that the suits lands, did not belong to the joint family. He could not prove either his theory of oral partition and both the Courts below rejected his defences. 3] Having gone through both the judgments, I find no serious error in the appreciation of the facts. I am not inclined to disturb the findings recorded by the lower Court. There is neither a substantive question of law, involved in this appeal. The Second Appeal stands dismissed. 4] In view of the dismissal of the second appeal no. 912 of 2008, Civil Application no.13153 of 2008, also stands dismissed. Ad-interim relief stands vacated. Sd/- (A.V. NIRGUDE, J.) arp