1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No. 631 of 2006 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Shri M.M. Avhad, learned Advocate for the appellant. 2. This second appeal is filed by original plaintiff No.2 being aggrieved by dismissal of Regular Civil Suit No.584 of 1999 by learned Civil Judge, Junior Division, Ashti, on 18.9.2003, which judgment and decree is further confirmed by the 7th Adhoc Additional District Judge, Beed in Regular Civil Appeal No.180 of 2003 decided on 16.10.2004. 3. Original suit was filed by plaintiff for partition and separate 2 possession of property owned by Rahibai. Relations between the parties as stated by appellant and Respondent No.6-original plaintiff No.1, can be stated as below. Rahibai had one son by name Laxman who is Respondent No.1. Laxman married Yamunabai from whom original plaintiffs i.e. present appellant No and Respondent No.6 were born. It is said that Yamunabai was driven out of house and thereafter she remarried. Respondent No.2 Dwarkabai is second wife of Respondent No.1 Laxman and Respondent Nos.3 to 5 are the daughter and sons of Respondent No.1 from Respondent No.2. 4. After giving anxious though to the submissions made by Advocate Shri Avhad and after considering Section 15 of the Hindu Succession Act, I am unable to persuade myself that any substantial question of law arises in 3 this second appeal and that original plaintiff No.2-appellant herein and Respondent No.6-original plaintiff No.1 have any right to claim share in the property of Rahibai during lifetime of Laxman. 5. In this view of the matter, no substantial question of law arises and hence, second appeal dismissed at admission stage. Date:17/07/2009 (P.R.BORKAR, J.) pnd/sa631.06