IN THE HIGH COURT OF JUDICATURE AT PATNA S.A. No.473 of 1999 1. Sunil Ojha @ Tuntun Ojha, son of late Ram Chandar Ojha 2. Ranjeet Ojha 3. Mritunjay Kumar Ojha, both minor sons of Sunil Ojha @ Tuntun Ojha under the guardianship and next friend of the father, all residents of village and P.O. Khabra, P.S. Sadar Muzaffarpur, Subdivision and Munsifi East Muzaffarpur, District Muzaffarpur. ……Defendants 1st party-Appellants-Appellants. Versus 1. Shivjee Ojha @ Shambhunath Sharma, son of Ram Chha Ojha, 2. Ashok Kumar Ojha 3. Sudhir Kumar Ojha 4. Subodh Kumar Ojha, all sons of Shivjee Ojha @ Shambhunath Ojha, residents of village and P.O. Khabra, P.S. Sadar Muzaffarpur, Subdivision and Munsifi Muzaffarpur East, in the district of Muzaffarpur. …..Plaintiffs-Respondents 1st set-Respondents 1st set. 5(i) Binda Devi W/o late Uday Shankar Ojha 5(ii) Kanchan Kumari D/o Late Uday Shankar Ojha 5(iii)Sushma Kumari W/o Jai Prakash Mishra 6. Birendra Kumar Ojha, both sons of late Banshidhar Ojha 7. Bipin Ojha 8. Neeraj Ojha, both minor sons of Uday Shankar Ojha, resident of village+ P.O. Khabra, P.S. Sadar in the district of Muzaffarpur 9. Smt. Urmila Devi, wife of Mahendra Prasad Singh and daughter of Banshidhar Ojha, resident of village Khabra, P.S. Kurhani in the district of Muzaffarpur. 10. Smt. Nirmala Devi, wife of Nagendra Chaudhary and daughter of late Banshidhar Ojha, resident of village Gosain Chapra, P.S. Kanti, District-Muzaffarpur. …..Defendants 2nd party-Respondents-2nd set-Respondents 11. Ramjee Singh S/o Ram Padarath Singh, village Dharampur, Fulbaria, P.O. Dumari, District-Vaishali. For the appellants : M/s Suresh Chandra Pd. Sinha and Ratan Kr. Sinha, Advocates. For the respondents : Mr. Sunil Kumar Sinha, Advocate. ----------- 14/ 23.03.2009 Heard learned counsel for the parties. 2. This second appeal has been filed by the defendants 1st party-appellants-appellants challenging the judgments and decree 2 of both the learned courts below. 3. The matter arises out of Partition Suit No.150 of 1988, which was filed by the plaintiffs-respondents-respondents 1st set for partition of their moiety share in the suit property and for other ancillary reliefs. 4. The said suit was decreed on contest with cost by the learned Subordinate Judge-II, Muzaffarpur vide judgment and decree dated 03.07.1993. Against the aforesaid judgment and decree of the trial court the defendants filed Title (Partition) Appeal No.36 of 1993 which was dismissed on contest without cost by the learned Additional District Judge-V, Muzaffarpur vide his judgment and decree dated 25.08.1999. Both the aforesaid judgments and decree of the learned courts below are under challenge in the instant second appeal. 5. From the arguments on behalf of the parties as well as from the materials on record, including the judgments and decree of the learned courts below, it is quite apparent that after very carefully considering the pleadings and evidence of the parties the courts below arrived at concurrent findings of facts that both the parties were joint prior to 1977 and no partition had been taken place in the family by metes and bounds. It has also found by both the learned courts below that the joint family had sufficient nucleus from which the lands in question were purchased in the name of one of the members of the joint family of which Ram Chandra Ojha was Karta and the plaintiffs and defendants were other members of the 3 joint family. It was also concurrently held on the basis of specific pleadings and evidence that the property in question was not self- acquired property of Ram Chandra Ojha, rather the entire lands given in schedule of the plaint were joint family properties and the plaintiffs being members of the family were entitled to their share as claimed. 6. In the aforesaid facts and circumstances, this court does not find any illegality in the impugned judgments and decree of the learned courts below nor does it find any substantial question of law involved in the instant second appeal, which is accordingly dismissed at this stage of hearing under Order XLI Rule 11 of the Code of Civil Procedure. harish/ ( S.N.Hussain, J.)