1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 324 OF 2007 WITH CIVIL APPLICATION NO.645 OF 2007 Shri Apasaheb P. Bhise .. Applicant V/s. Kashinath K. Bhise & Ors., .. Respondents. Shri K.B.Sonwalkar, for Applicant. Shri Vishwanath Talkute for Respondent Nos.1 and 2. CORAM: R.S.MOHITE, J. DATED: 26th FEBRUARY, 2010. P.C.: 1. This Second Appeal is filed by the original Defendant impugning concurrent judgment and decrees passed by the two lower courts, allowing partition suit filed by the original plaintiff. The record indicates that one Shri Bhiva Mahadu Bhise was the owner of the suit land. On 3rd March, 1952, he sold ½ share of the suit land to one Kedare Dashrath Bibe and Rau Daulat Bibe for an amount of Rs.2,000/-. Immediately thereafter, on 29th May, 1952, the Srj 2 land was purchased by the father of the Plaintiff for an amount of Rs.2,000/-. In 1962 by mutation entry no.1607, Krishna Bhiva Bhise s name was deleted. In 1964, Krishna died. In 1969 Piraji Bhiva Bhise died and immediately after his death, the name of the Defendants were brought on record. The Plaintiff has filed the suit for partition in the year 1991. The Plaintiff who was the heir of Krishna Bhise filed a suit against Defendants who were heirs of Piraji Bhise. Both the Courts have held that the Plaintiff s suit was liable to be decreed. Advocate on behalf of the Appellant contended that mutation entries from 1962 indicates that the name of Krishna Bhiva Bhise has been deleted and neither Krishna nor his heirs protested till 1991. The revenue entries efface the rights of Krishna in the joint family property. Second contention made on behalf of the Applicant is that Krishna had purchased the land from the amount of sale consideration received through his father. In my view, even this act also will not efface the rights of Krishna and his heirs in the suit property. 2. In these circumstances, no substantial question arises and the Second Appeal is rejected. Srj 3 CIVIL APPLICATION NO.645 OF 2007 1. As Second Appeal is rejected, Civil Application is disposed off as the same does not survive. (R.S.MOHITE, J.) Srj