1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.218 OF 2009 ALONGWITH CIVIL APPLICATION NO.791 OF 2009 Dhondibhau Ramchandra Pokharkar ... Appellant V/s. Avadaji Ramchandra Pokharkar & Ors... Respondents Mr. N.R. Bubna for the Appellant. None for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATE : 21 ST JULY, 2009. P.C. : 1. The Second Appeal has been filed by the appellant-plaintiff who had filed Regular Civil Suit No.64 of 1996. The plaintiff had sought partition and separate possession of the suit lands. The lands had already been partitioned in 1975 and therefore the question of partitioning the lands again did not arise. The trial court has held that the parties have acted on the compromise which was reduced into writing in 1980 and filed in Regular Civil Suit No.10 of 1980. Mutation entries have also been recorded in consonance with the compromise decree. The trial court did not accept the submissions on 2 behalf of the appellant-plaintiff that the partition had not been effected and assuming it had been effected in 1980 or 1975, it was in breach of the provisions of the Ceiling Act. 2. The Appellate Court has confirmed these findings of the trial court. 3. In my view, no substantial question of law has been made out by the appellant. There are findings of facts recorded by both the courts below which do not need to be disturbed. 4. The Second Appeal is dismissed. 5. In view of the above, Civil Application No.791 of 2009 pending in the Appeal does not survive and the same is disposed of accordingly. .......