1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIAL APPELLATE JURISDICTION SECOND APPEAL NO. 600 OF 2008 Shrirang D. Surve & ors........Appellants versus Eknath Dhyanu Surve & ors........ Respondents. Mr. Yash Sakhare i/b M/s. Y.K. S. Legal for the Appellants CORAM: RANJIT V. MORE, J. DATED : 16th OCTOBER, 2008. P.C.: 1. Heard Mr. Sakhare learned counsel for the appellant. The appellants 1 and 3 are oroginal Defendant nos.2 and 5. Appellant no.2 is a third party joined before lower appellate court as he claimed to have purchased some joint family property. The respondent no.1 is the original Plaintiff. He filed suit for partition and separate possession. Trial court decreed the suit and granted respondent no.1/plaintiff 9/48 share in the suit property. This decree was challenged before the lower appellate court by filing the appeal. However, the appeal came to be dismissed. 2. The lower court below concurrently held that suit properties are owned and possessed by the joint family consisting of appellant nos.1 and 3 and respondent nos. 1 to 5. It 2 was further held that the appellant could not prove the defence of prior partition. The lower appellate court further held that there was nucleus out of which the joint family purchased the land bearing Gat no. 59. It was also held that the appellants 1 and 3 failed to prove that land Gat no.59 is their self acquired property. The finding recorded by the lower courts below after appreciating evidence cannot said to be purverse. No question of law much less substantial question of law arises for consideration. Appeal is according dismissed. 3. In view of the dismissal of the appeal civil application does not survive and it is also dismissed. (R.V. More, J.)