IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.11 OF 2008 Tukaram Govind Jadhav & Ors. ..Appellants Versus Mrs.Laxmibai @ Bhagubai Narayan Hogate ..Respondents ---- Mr.M.D.Angel for the appellants. Mr.S.G.Deshmukh for the respondents. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 21.04.2008. PC 1. This is a Second Appeal filed by the defendants. The original plaintiff had filed a suit for partition and separate possession. The plaintiff was the daughter of one Babu. Babu had brother by name Govind. Defendants are from the branch of Govind. Obviously, therefore, Babu and Govind had 1/2 shares. Both the lower Courts had confirmed the decree awarding the plaintiff the entire share of Babu. It is sought to be contended that one house bearing no.42 and one survey no.511 were given to the mother of the plaintiff during her life time as her share. It is not disputed that this right has been enlarged under Section 14(1) of the Hindu Succession Act 1946. Both the Courts have held that the property given by Shahabai should be excluded after partition. In my view, this is a correct : 2 : position of law. There is no substantial question of law involved. The property of Shahabai was her separate property. The contention that since the property which became a separate property of Shahabai was earlier joint family property, the same should be included in hotchpots. Nothing has been shown to me to support this contention. No substantial question of law involved. Hence, Second Appeal dismissed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)