1 S.A.NO.178.01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 178 OF 2001 Gangaram Tanaji Patil ... Appellant V E R S U S Bhila Tanaji Patil Deceased Through L.Rs. and others ... Respondents ... Mr. G.J.Karne,Advocate holding for Mr. P.S.Patil,Advocate for Appellant Mr. Subhod Shah,Advocate holding for Mr.P.V.Barde,Advocate for respondent No.1a,1b and 1e ... CORAM : A.V. NIRGUDE, J. DATED : 3rd FEBRUARY, 2010 PER COURT 1] Heard. 2] The appeal is filed against the finding recorded by the learned Judge of the lower Appellate Court, that the appellant's suit was barred by limitation. Only on that finding the appellant/plaintiff's suit for partition was dismissed. At the trial stage, the trial Court held that the suit was filed within limitation. The factual dispute between the parties relating to the limitation was “when did the appellant/plaintiff come to know that the respondents had sold the joint family property in 2 S.A.NO.178.01 1976 by registered sale deed”? According to the appellant/plaintiff, he learnt about the transaction only in 1990, when he obtained the property extract from the Gram Panchayat. The lower Appellate Court gave cogent reasons why the appellant's case was not believable. It was pointed out that in the year 1967, when the mother of the parties died, there occurred a dispute between the parties and appellant had demanded the partition in the joint family property. In the year 1976 as said above, the respondent sold away the property to an outsider. This fact was shown to have been within the knowledge of the appellant/plaintiff. Despite that, he did not file suit till 1990, so question as to whether the suit was filed within limitation was held against the appellant/plaintiff. 3] I find no reason to interfere in the finding recorded by the lower Appellate Court. There is no substantial question of law arising in this appeal. Therefore, the appeal stands dismissed. Consequently, the Civil Application No. 3332 of 2001 for stay stands dismissed. Sd/­ (A.V. NIRGUDE, J.) MTK/