1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 72 OF 2009 (Rajaram Gangaram Gawai through LRs Bhaurao Rajaram Gawai & Ors. vs. Daulat Rau Gawai & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 25, 2009. Heard Shri Patil, learned counsel for the appellants – original defendants and Shri Jaiswal, learned counsel for respondents No. 1 to 5 and 7 to 11 – original plaintiffs. The contention is that two properties mentioned in para 7 of its judgment by the trial Court are not proved to be ancestral properties. It is further contended that appellant No.1 before the lower appellate Court has expired and the appeal has been decided without bringing his legal heirs on record. Shri Jaiswal, learned counsel invites attention to consideration in paras 10, 11 and 14 of lower appellate Court. Though appellant No.1 had expired during the pendency of appeal, it appears that his counsel was not accordingly informed and counsel 2 argued the matter for all appellants. Remaining two appellants are real brothers of the deceased – appellant No.1 before lower appellate Court. Their interest, therefore, was not hostile. The dispute in relation to two properties only as sought to be raised is not very relevant because as observed by the trial Court, the present appellants nowhere pleaded that the property was not ancestral property or it was their separate property not available for partition. The discussion in paras 10 and 11 by lower appellate Court reveals that all other properties were recorded in joint names. In these circumstances, I find that no substantial question of law arises in this Second Appeal. It is dismissed. No order as to costs. JUDGE *GS.