1 sa864-05.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.864 OF 2005 Krishna Tuka Kamble (Mang) and ors. ..Appellants Vs Manohar Tuka Kamble (Mang) and ors. ..Respondents -- Mr.S.M.Kamble, for appellants. -- CORAM : R.G.KETKAR, J. DATE : 3 rd MARCH, 2011 P.C: Heard Mr.S.M.Kamble, learned counsel for the appellants – original defendants. 2] This appeal is directed against the judgment and decree dated 27 th February, 2003 passed by the learned 6 th Addl. District Judge, Kolhapur in Regular Civil Appeal No.113 of 1997. By that judgment, learned District Judge allowed the appeal preferred by the plaintiffs and set aside the judgment and decree dated 31 st August, 1998 passed by the learned Civil Judge Junior Division, Peth-Vadgaon in Regular Civil Suit No.130 of 1988. The learned trial Judge dismissed the suit instituted by the plaintiffs for partition and separate possession. As against this, the learned District Judge held that the plaintiffs no.1 and 2 together are entitled to ½ share in the suit properties. 2 sa864-05.sxw 3] In support of this appeal, it is submitted that the learned trial Judge dismissed the suit and while dismissing the suit, in paragraph no.9 it was observed that the lands in the names of legal heirs of Genu are much more than the lands in the name of deceased defendant no.1 i.e.Krishna s/o.Tuka Kamble. The lands in the names of legal heirs of Genu are at least three times the lands in the names of deceased defendant No.1 Krishna. On the basis of 7/12 extract, the trial Court did not accept the plaintiffs’ case that there was oral partition between Tuka and Genu. The learned District Judge allowed the appeal preferred by the plaintiffs mainly on the basis of admissions given by D.W.1 Vishwas Kamble wherein he admitted that in the year 1943, there was partition of all the joint family properties between Tuka and Genu. 3] In view of this admission of D.W.1 Vishwas Kamble, no fault can be found with the impugned judgment and decree passed by learned District Judge. The learned District Judge, on the basis of material on record, came to the conclusion that there was partition between Tuka and Genu and subsequently, the properties are jointly possessed by the sons of Tukaram. Consistent with these findings, learned District Judge decreed the suit filed by the plaintiff. No substantial question of law arises in this Appeal. 4] Hence, Second Appeal is dismissed. No order as to the costs. [R.G.KETKAR, J.]