1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.680 OF 2007 Sou. Parvatibai Baburao Shitole ..Appellant. V/s. Shri Balu Bhimrao Olekar & Ors. ..Respondents. Mr. M.A. Utagir for appellant. Mr. P.R. Kadam for respondent Nos.1 to 4. CORAM : J.P.DEVADHAR, J. DATED : 9TH SEPTEMBER, 2009. P.C. :- 1. Heard learned counsel for the parties. The appellant-plaintiff had filed R.C.S. No.20/89 in the Court of Civil Judge, J.D. Satara for partition and possession of the properties, including agricultural land situated at Kokale bearing Gut No.994A, 997A and 997B. By a judgment and order dated 25th June, 1997, the trial Court decreed the suit by holding that the appellant-plaintiff is the owner of field Gut No.994A, admeasuring 37Aar with 1/4th share in the well in it and Gut No.997A admeasuring 3 acre situated at Village Kokale, Tal. Kavathe Mahankar. 2. On appeal filed by the respondents, the first Appellate Court by its judgment and order dated 3rd March, 2003 set aside the decree passed by the trial Court and dismissed the suit. The first Appellate Court dismissed 2 the suit mainly on the ground that the appellant-plaintiff claimed title to the suit property based on the sale deed at Exhibits 55 & 56 which related to the properties bearing Survey No.295/2B/2 and 295/2A, whereas the appellant- plaintiff had claimed relief in respect of land bearing Gut No.994A, 997A and 997B. As the first Appellate Court has held that the appellant had failed to establish title to the suit properties, in my view no fault can be found with the order passed by the first appellate authority and no substantial question of law arises out of the order of the first Appellate Court. Hence, the appeal is dismissed in limini with no order as to costs. (J.P. DEVADHAR, J.)