:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO.110 OF 2008 WITH C.A.NO.334 OF 2008 Miss. Shobha M.Date and ors. ..Appellants. Vs. Shri. Mukund M. Date and ors. ..Respondents. Mr.S.D. Patil for the Appellants. CORAM: R.S. MOHITE, J. DATE : 4th June,2008 P.C. P.C. P.C. 1. This is a second appeal filed by the original plaintiff whose suit for partition and separate possession was dismissed by the Trial Court. The Appellate Court concurred with the finding of the Trial Court and dismissed the appeal. Both the lower courts have held that the plaintiff has admitted prior partition during the life time of his father. This partition was effected by registered partition deed dated 2.3.1959. Subsequently there were alienation in respect of some of the properties by the alleged purchaser to whom the land and the property was allotted in view of the aforesaid partition. Neither the said partition nor the alienation were challenged by the appellant within a period of three years therefrom and therefore, it was held that right is lost by the plaintiff. In my view, the finding is correct and there is no substantial question of law. Hence, second appeal is dismissed. :2: C.A.NO.334 OF 2008 IN S.A.NO.110 OF 2008 1. As the second appeal is dismissed, civil application is also dismissed. (R.S. MOHITE, J.)