1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 257 OF 2008 WITH CIVIL APPLICATION NO. 701 OF 2008 Pandurang Bala Sutar @ Mestry since deceased by L. Rs. 1. Rukmini Pandurang Mestry & ors........Appellants versus Shantaram Babaji Sutar @ Mestry since deceased through L.Rs. Subhandra Shantaram Sutar @ Mestry........ Respondents. Mr. A.S. Khandeparkar i/b Khandeparkar & Associates adv. for the Appellants None for the respondents CORAM: A. P. DESHPANDE, J. DATED : 12th JANUARY, 2009. P.C.: 1. This is a Second Appeal calling in question the legality and validity of final decree passed by the trial court which has been confirmed in appeal by the First Appellate Court. The learned counsel appearing for the judgment debtor submits that during pendency of the suit filed by the respondent, a temporary structure was constructed and it ought to have been treated as integral part of the house property and thereafter final decree for partition in terms of the Commissisoner's report ought to have 2 been ordered. As the courts below have found on facts that the small structure marked in the Commissioner's report with alphabet `A' is not part of the house property which was the subject matter of the suit for partition, hence accepted the report of the Commissioner. 2. Perused the judgment under challenge. The same does not call for any interference. No illegality is committed and no question of law much less substantial question of law emerges for adjudication. Hence there being no merit in the appeal, the same is dismissed. (A. P. DESHPANDE, J.)