2501sa12.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR S.A.NO.12 of 2011 Kishore Gulabrao Gaikwad ..vs.. Gulabrao Narayanrao Gaikwad (dead) through Lalji Gulabrao Gaikwad and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.M.M.Agnihotri, Adv. for the appellant. CORAM : R.M.SAVANT, J. DATED : 25th January, 2011. This second appeal takes exception to the judgment and decree dated 21st August, 2010 passed in Reg.Civil Appeal No.96 of 2005, by which the judgment and decree of dismissal of the suit filed by the appellants/plaintiffs came to be confirmed. The appellants/plaintiffs had filed a suit for partition and possession of the ancestral property to the extent of their claim of 1/6th share. Both the courts below have concurrently recorded the findings of fact as regards the illegitimacy of the appellants. Both the courts below also concurrently held that under the Will-deed of Gulabrao i.e. the husband of plaintiff Kauslyabai, the said Kauslyabai, Kishor and his sister Mangala have been given a share in the property in question. In the light of the findings recorded by both the courts below as to why it was not necessary to reopen the partition, which has already taken place, in my view the Second Appeal does not involve any substantial question of law, which is accordingly dismissed. JUDGE chute 2501sa12.11.odt 2