1 S.A.No.323/2008 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO.323 OF 2008 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 02.12.2010. 1. This is an appeal by original plaintiff No. 2. The plaintiffs had filed a suit for partition and separate possession in respect of suit property Gat No.13. The said suit came to be decreed. Two appeals came to be filed against the said judgment and decree. The appellate Court confirmed the said judgment and decree except modified the share of plaintiff No.2. The trial Court had awarded 1/3rd share to the plaintiff, whereas the appellate Court modified it to 1 acre 7.5 gunthas. The said judgment is assailed in the present appeal. 2 S.A.No.323/2008 2. Mr.Yawalikar, learned counsel for the appellants contends that the trial Court had properly awarded share. The appellate Court committed an error in reducing the share. According to the learned counsel, the shares have not been properly carved out by the appellate Court. 3. With the assistance of the learned counsels, I have gone through the judgments. It is not disputed that Namdeo was the original owner and was survived by Asaram and Tulsabai. Both had half share each. After the birth of plaintiff No.2, the plaintiff No.2 would get share from Asaram. In such circumstances, his share would naturally be from Asaram's property. Tulsabai prior to his birth had already sold her part of the property. The appellant would not be entitled for any share in the property which was already sold prior to his birth. 4. In that light of the matter, no error is committed by the lower appellate Court. The Second appeal being sans substantial question of law, is dismissed. However, there shall be no 3 S.A.No.323/2008 order as to costs. (S.V.GANGAPURWALA,J.) Dt.02.12.2010. asp/office/sa323.08