1 sa491-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION SECOND APPEAL NO.491 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. Uday Warunjikar for the appellant. Mr. Deepak C. Natu i/b. M/s. N. Deepak & Co. for the respondents. ..... CORAM : A.S.OKA, J. DATE : NOVEMBER 16, 2011. P.C.: Heard the learned counsel appearing for the appellant. The appellant is the original defendant. In a suit filed by the respondents, a decree for partition and separate possession has been passed holding that the suit property was jointly owned by the plaintiffs and the defendants and that the plaintiff Nos.2 and 3 are entitled to claim ½ share in the suit property. Therefore, a preliminary decree for partition has been passed. The decree has been confirmed in Appeal preferred by the appellant. 2. The submission of the learned counsel appearing for the appellant is that the appellant 2 sa491-11 was the exclusive owner of the suit property and the respondents had no right, title or interest in respect of the suit property. His submission is that for a long time, the appellant was in possession and was exercising all the rights of exclusive owner by making payment of taxes etc. He, therefore, submitted that the Courts below have committed an error. 2. The finding of fact recorded is that the suit property was purchased by sale deed 20th November, 1974 and the name of the appellant is not shown as the purchaser therein. Notwithstanding this, the trial Court recorded a finding that the appellant-defendant is the joint owner of the suit property. In view of the concurrent findings of fact based on the oral and documentary evidence on record, no substantial question of law arises. Second Appeal is dismissed. 3. Civil Application No.824 of 2007 does not survive and the same is disposed of. (A.S.OKA, J.)