1 Spb/- IN THE HIGH COURT JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION SECOND APPEAL NO. 671 OF 2007 WITH CIVIL APPLICATION NO. 1215 OF 2007 In S.A.No. 671/2007 Sou. Saubai alias Savitribai Shankar Chougule .. Appellant. V/s. Shankar Sitaram Chougule & Ors. .. Respondents. --- Mr. Umesh Mankapure for the Appellant. --- CORAM: V.R.KINGAONKAR,J. DATED: 23rd APRIL, 2010 P.C.: 1. Heard the learned counsel for the Appellant. 2. The appellant is original plaintiff. She is wife of respondent no.1 and mother of respondent nos. 2 to 4. She had filed suit for partition as well as for maintenance allowance. The suit came to be dismissed. The appeal was also dismissed. It appears that the appellant admitted, unequivocally, 2 that she and respondent no.1 are residing together in house property bearing No. 198-B and they were allotted 81-R out of Gat No. 115, whereas, another portion of the same land was allotted to the respondent and other defendants. Needless to say, she and respondent no.1 have joined hands against the sons. The trial court and the first appellate court rendered concurrent findings, holding that now the appellant is not separately entitled to seek partition because she and respondent no.1 together were allotted a share in the agricultural land and the house property. These are findings of facts. No substantial question of law is involved. 3. Hence, second appeal is dismissed. No costs. 4. In view of the above, nothing survives in the civil application and the same is disposed of as such. (V.R.KINGAONKAR,J.)