1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 188 OF 2001 WITH CIVIL APPLICATION NO. 264 OF 2001 Maruti Balwant Patil & anr........Appellants versus Smt. Parvati Balwant Patil & ors........ Respondents. Mr. P.D. Dalvi for the Appellants CORAM: RANJIT V. MORE, J. DATED : 20th OCTOBER, 2008. P.C.: 1. Heard Mr. Dalvi learned counsel for the appellants. The appellants are the original defendant no.1 and 2and the respondent nos.1 and 2 are the original Plaintiffs. Suit for partition and separate possession was decreed by the trial court. The appellants being aggrieved by the order approached the lower appellate court. However the lower appellate court by judgment and order impugned in the present Second Appeal dismissed the appellant's appeal, modifying the share granted by the trial court. 3. The respondent nos.1 and 2 are the first wife and daughter of deceased Balwant. Appellants/Plaintiffs are sons 2 of deceased Balwant from Hirabai the respondent no.3 who married to Balwant subsequent to the marriage of respondent no.1. In view of this admitted genology the appellate court correctly appreciated the facts and granted partition and separate possession in the suit property which admittedly belong to deceased Balwant. There is no reason to interfere. Second Appeal is accordingly dismissed. 3. In view of the dismissal of the second appeal civil application does not survive and the same is also dismissed. (R.V. More, J.)