1 SA.No.404-10 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.404 OF 2010 Pratapsinh Mathuradas Samani (since deceased) through, His Legal Heirs Smt. Pratima Pratap ... Appellant V/s. Smt. Suman Rajaram Pore ... Respondent Mr. Ravindra Sankpal the Appellant None for the Respondents CORAM :R. M. SAVANT, J. DATE : 30th JULY, 2010 P.C. 1. This Second Appeal takes exception to the Judgment and Decree dated 3­4­2010 passed by the District Judge No.2, Karad, by which Judgment and Decree passed by the Ivth Joint Civil Judge, Karad dated 27­3­2006 dismissing the suit of the Appellant/plaintiff for specific performance, came to be confirmed. There are concurrent findings of fact as regards the non joinder of Rajendra Tukaram Pore as also as to whether the Respondent No.1 herein Suman Pore, had power to dispossess the property in question. Admittedly the property was a joint family property and both the Courts below, therefore, had held that since the said Rajaram Pore being a co­parcener had not been joined, the suit was bad for non joinder of the parties. 2 SA.No.404-10 2. In so far as the Agreement dated 9­1­1973 of which specific performance was sought, both the Courts below have held that the Respondent No.1 could not have executed the said documents when her husband was alive, as the same was a joint family property. 3. Having considered the Judgment of the Courts below and taking into consideration the grounds of Appeal, in my view no substantial question of law is involved, the Second Appeal is accordingly dismissed. (R.M.SAVANT, J)