1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.406 OF 2010 WITH CIVIL APPLICATION NO.1028 OF 2010 Shri.Vitthal Narsu Patil & Anr. .. Appellants V/s Shri.Shamrao Shripati Patil .. Respondent Mr.Pramod J.Pawar for the Appellants. Mr.P.G.Karande i/by Mr.V.B.Jagdale for the Respondent. CORAM: R.G.KETKAR, J. DATE: 20th August, 2011. P.C.: SECOND APPEAL NO.406/2010: 1. Heard Mr.P.J.Pawar, learned counsel for the Appellants and Mr.P.G.Karande, learned counsel for the Respondent. 2. Second Appeal is admitted on the following substantial questions of law:- (i) Whether the Appellate Court failed to appreciate that Narsu Patlu Patil, father of the Appellants and the grand-father of the Respondent was the protected tenant of land bearing Gat No. 198/13 and consequently whether Shripati Narsu Patil or for that matter Respondent Shamrao Shripati Patil could claim 2 exclusive tenancy in respect of Gat No.198/13? (ii) Whether the Appellate Court has properly appreciated the document styled as the Partition Deed dated 16.01.1982 wherein the properties at Serial Nos.2 to 6 were allotted to the share of the Respondent and admittedly are in possession of the Respondent, and the property at Serial No.1 i.e.Gat No. 198/13 was allotted to the Appellant? 3. Mr.Karande waives service on behalf of the Respondent. 4. Printing is dispensed with as the Appellants and the Respondent have filed the paper book. CIVIL APPLICATION NO.1028 OF 2010: On the motion made by Mr.Pawar, learned counsel for the Applicants, civil application is allowed to be withdrawn with liberty to take out appropriate application. Civil Application stands disposed of as withdrawn with the liberty as prayed for. (R.G.KETKAR, J.)