ndm 1 20-sa.36.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 36 OF 2009 WITH CIVIL APPLICATION NO. 133 OF 2009 IN SECOND APPEAL NO. 36 OF 2009 Smt. Shakuntala Janardhan Jedhe. ... APPLICANT Vs. Prakash Janardhan Jedhe and ors. ... RESPONDENTS -------------- Mr. Tejpal S. Ingale for Applicant. Mr. Umesh Mankapure for Respondent Nos. 1 to 6. -------------- CORAM : C.L. PANGARKAR, J. DATE : 12 th JANUARY, 2010. P.C. 1 This Second Appeal is preferred by the original plaintiff, who has lost in both the Courts below. She had instituted a suit for partition and separate possession alleging that she was entitled to share in the property left behind by her deceased husband Janardhan. The said suit was resisted by the defendants. ndm 2 20-sa.36.09.sxw 2 The learned Judge of the trial Court had dismissed the suit on the preliminary issue that the judgment in land reference case operates as res-judicata, wherein, it is held that the plaintiff – Appellant could not be said to be the legally wedded wife of Janardhan. The said finding has been reversed by the Land Reference Court, which a Civil Court. Such finding recorded, must bind the parties. The Courts below have not committed any error in recording such a finding. There is therefore, no substance in the Second Appeal. No substantial question of law is involved. It is dismissed in limine. 3 In view of the dismissal of the Second Appeal, Civil Application does not survive and the same is disposed of. [ C.L. PANGARKAR, J ]