1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO.1079/2005 WITH CA NO.7128/2005. (Namdeo Rambhau Parbhane and Ors. Vs. Dharu Maruti Parbhane - Died, through L.Rs. - Lilabai Dharu Parbhane and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.NC Garud, Advocate for Appellants; Mr.BT Wagh, Adv. h/for Mr.DR Jaybhar, Adv. for R. 2& 4. ________ CORAM : K.U.CHANDIWAL, J. DATE : 26 th March, 2010. ... 1) Heard leaned Counsel for the appellants extensively. 2) Decree in RCS No.106/1990 dated 20.10.1997 was taken by the defendants before the first Appellate Court in RCA No.70/1998 and the learned first 1st Ad hoc Additional District Judge, Ahmednagar, did not disturb the decree of partition declaring entitlement of the plaintiffs' 1/2 share in the land Survey No.85/2, admeasuring 71 R. and Survey No.85/3, admeasuring 2 hectares and 20 R. The said decree is now questioned in the Second Appeal. 3) Mr.Garud would argue, that the Courts have erred in not considering the earlier decree between the parties and the defence indicating that there was an 2 oral partition, based on such oral partition, the parties had developed their lands. 4) These contentions, though pleaded, were also considered by both the Courts extensively. The filing of earlier suit was also discussed by the learned Judge. There is apparently no error, either on facts and law, to interfere or to formulate a substantial question of law. 5) Second Appeal is sans merit, it is dismissed with CA. No costs. (K.U.CHANDIWAL) JUDGE bdv/sa1079.95