1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No.817 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard learned counsel for the parties. 2. Mr.S.P.Tiwari, learned advocate holding for Mr.N.L.Choudhari, advocate for the appellant would submit that defence of the appellant was not properly appreciated by the Courts below. He contended that the appellant had specifically denied internal partition between himself and his brothers. He asserted that without joining the other members of the family, the suit for partition was not maintainable. 3. The suit (Special Civil Suit No.24/2003) came to be decreed. The Respondents are wife and sons of the appellant. The trial Court awarded maintenance allowance to the wife at rate of Rs.600/- p.m. besides the grant of shares to the Respondents, holding that the suit properties are separately held by the appellant as he received them during family partition between himself and his brothers etc. The first appellate Court confirmed the decree excluding the grant of maintenance allowance in favour of the Respondent No.1. Thus, there are concurrent findings of the Courts below that the suit properties were allotted to the share of the appellant during family partition between himself, his father and brothers. No one from his brotherhood came forward to claim any share in the suit properties. The Revenue record indicated that the appellant was in continuous possession of the suit properties. Considering the concurrent findings rendered by the trial Court and the first appellate Court, there appears no substantial question of law involved in the Second Appeal. 4. In the result, the appeal is outside the scope of Section 100 of the C.P.C. and as such is dismissed. (V.R.KINGAONKAR,J.) Dt.30.11.2009. asp/office/sa817.09