1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No.871 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The Second Appeal is preferred by the plaintiffs. They had filed suit for partition and separate possession in respect of the properties which are indicated in the claim clause. The properties are inherited by Vishwanath from his ancestors. Some of them were acquired by him. The trial Court decreed the suit for partition allotting 1/3rd share each to the plaintiff Nos.1 and 2. The first appellate Court, however, reversed the decree for the reason that there was a compromise in earlier suit (RCS No.447/1986), wherein partition was effected amongst the parties by way of settlement in accordance with amicable agreement between them. I have perused copy of the decree in the earlier suit (RCS No.447/1986). It appears that the plaintiff No.1 was then aged about 15 years and was represented by the plaintiff No.2 as guardian. It appears that the plaintiff No.2 Parwatibai and another wife of Vishwanath i.e. Bainabai relinquished their rights in respect of the suit properties when the division was made. They gave up their rights in favour of their respective sons. The first appellate Court held that the previous consent decree in RCS No.447/1986 would amount to estoppel. The view taken by the first appellate Court is legal and proper. No substantial question of law is involved. Hence, the Second Appeal is dismissed. (V.R.KINGAONKAR,J.) Dt.11.12.2009. asp/office/sa871.08