1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO.712 OF 2007 WITH C.A.S. NO.1312 OF 2007 Smt.Sitabai Rambhau Tapkir & ors. Appellants vs. Smt.Thakubai Nathu Bhegade Respondent Mr.S.V.Sadavarte for the appellants. Mr.G.S.Godbole for Mr.Nitin Mulye for the respondent. CORAM : ANOOP V. MOHTA,J. DATED : 28th April, 2008 P.C. This is the Second Appeal filed by the original plaintiffs. The Suit was for partition based upon the property of the father. 2. The trial Court, after considering the material placed on record including the evidence led by the parties, held that the plaintiffs failed to prove that they have got the share in the suit property owned by father; that the alleged registered Gift Deed executed by their father on 24.7.1962 in favour of their mother is illegal and requires annulment and lastly dismissed the suit. 3. There is an ample material on record and the same has been considered by the Courts below that there is a 2 Gift Deed dated 24.7.1962 in favour of original defendant. Some time in the year 1995 after receipt of notice from Revenue Officer, the plaintiffs appears and made various statements on 22.8.1995 and 04.11.1995. It means that the plaintiffs have definite knowledge about the said Gift Deed. The present suit is filed in the year 2001 on a foundation of knowledge about the Gift deed in the year 2000. 4. Once there is clear findings given by the courts below that the present suit is barred by limitation and as there is no perversity in the findings given in view of the above facts as recorded based upon the material available on record and, therefore, there is no case made out by the appellants to interfere with the said findings. 5. As there is no substantial question of law involved in the appeal and as there is concurrent finding of fact given by the courts below, the second appeal is dismissed. 6. In view of dismissal of second appeal, c.A.No.1312/2007 is also dismissed. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]