1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR SECOND APPEAL NO. 175 OF 2009 Ashok Devidas Banait Vs. Vimalabai Manohar Banait & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri M. P. Kariya Adv. for appellant. CORAM: C. L. PANGARKAR J. Dated: 30 th JULY, 2009. This Second Appeal is preferred against two concurrent findings recorded by the Courts below. Respondents had instituted a civil suit for partition and separate possession and declaration. It was the contention of the respondents-plaintiffs that the suit property was joint family property. It was never partitioned and that they have a share in it. Trial Court held that plaintiffs have 1/5th share in the suit property. Defendants felt aggrieved by the same and therefore preferred an 2 appeal before the District Judge. District Judge confirmed the shares as far as plaintiffs 1 to 5 are concerned. It was declared by the appellate Court that defendants 1, 3, 4 and 6 also had 1/5 share in the property. Rest of the findings were confirmed by the District Judge. Defendants therefore felt aggrieved. Learned counsel for the appellant submits before me that the suit property was in fact given to the appellants by Bhagirathabai under oral gift deed and therefore there was no question of the partition of the same. It may be observed here that the oral gift deed of an immovable property is not permissible and is not valid. No other point is urged. In view of the fact that the case of the oral gift is not made out, there is no reason to admit the appeal and no substantial question of law is involved. In the circumstances the Second Appeal is dismissed in limine. JUDGE svk 3 4 5