1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR SECOND APPEAL NO.366/2009 APPELLANT : - Smt. Shantabai Dewaji Nare, r/o Ghogali, Post Lonkhairi, near Koradi, Tah. And Dist. Nagpur. ...Versus... RESPONDENT :- Chindhba Yadeo Warse, aged 57 years, Occ. agriculturist r/o Goghali, post Lonkhairi, near Koradi, Tah. and Dist. Nagpur. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri N.A. Vyawahare, Adv. for appellant] CORAM:- A.B. CHAUDHARI, J. DATED :- 06.11.2009 1. Heard learned Counsel for the appellant. In support of the appeal learned Counsel for the appellant argued that the finding recorded by the Courts below about the suit property as self acquired property of the defendant is factually incorrect and perverse. 2. I have gone through the impugned judgment and decree passed by the Courts below and I find that on evidence the Courts below have found that there was registered sale-deed indicating that the property was self acquired property of the defendant and could not be 2 thrown in the hotchpotch. The plaintiff, therefore, could not claim partition. Not only that the oral partition has been duly brought on record and in the wake of the said oral partition having taken way back in the year 1969 no case was obviously made out by the plaintiff. The findings of facts are according to the evidence on record and I do not find any substantial question of law in the present appeal. The second appeal, is therefore, dismissed. No order as to costs. JUDGE ssw