1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIAL APPELLATE JURISDICTION SECOND APPEAL NO. 218 OF 2004 Pandharinath @ Pandurang Anan @ Anandrao Jadhav (since deceased through his legal heirs Balkrushnan Pandharinath @ Pandurang Jadhav & ors........Appellants versus Ramchandra @ Dhondiram Anna @ Anandrao Jadhav & ors ......... Respondents. Mr. R.M. Hardas i/b P.N. Joshi for the Appellants Mr. P.M. Arjunwadkar for the Respondents. CORAM: R. V. MORE, J. DATED : 01st OCTOBER, 2008. P.C.: 1. Heard Mr. Hardas the learned counsel appearing for the appellants and Mr. Arjunwadkar for the respondents. The appellants are the original Plaintiffs. The Plaintiff's suit for partition and separate possession, was dismissed by the trial court. Plaintiff's appeal also came to be dismissed by the lower appellate court, by the judgment and decree which is impugned in this Second Appeal. 2. Both the courts below concurrently recorded the finding of fact that already there was partition of the suit property 2 between the parties to the suit and therefore present suit is not maintainable. The finding of fact is based on the evidence on the record and same cannot be interefered with in the present Second Appeal. No substantial question fo law is involved in second appeal and hence the same is dismissed with no order as to costs. ( R.V. MORE, J.)