IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 303 OF 2004 Pandurang Baburao Patil & Ors... ...... ...... Appellants V/s Vasant Krishna Patil & Ors. ... ........ ...... Respondents. Mr.N.J.Patil, Adv. For the appellants. Mr.Rahul Walwekar, Adv. For respondent Nos. 1A & 2A. CORAM: RANJIT MORE, J. 13th OCTOBER, 2008. PC: Heard Mr.Patil, learned advocate for the appellant and Mr.Walwekar, learned advocate for the respondents. This second appeal is filed by the original-plaintiff. Suit of the original plaintiff for partition and separate possession was decreed by the trial Court in respect of all the suit properties. The lower appellate court at the instance of respondents-original defendants modified the trial court's decree and partition was granted only in respect of lands being gat No.619 and 639 only. The lower appellate court on the basis of documents at Ex.63, 39/2 and 39/4 which shows that the appellant-plaintiff had sold out some properties from gat No.558, 600 in the year 1987, came to the conclusion that the joint family properties except gat No.619 and 639 were already 1 partitioned. Mr.Patil, learned advocate for the appellant however submitted that those lands probably must have been sold by the appellant-plaintiff for legal necessities. However it was not the case of the appellant-plaintiff that they are the karta or manager of the joint family properties and/or the above properties were sold for any legal necessities. In the absence of any pleadings the conclusion drawn by the lower appellate court about prior partition except gat Nos.619 and 639 cannot said to be perverse. No question of law, much less substantial question of law is involved in the present second appeal. Hence the second appeal stands dismissed. In view of disposal of second appeal Civil Application Nos.1710/04 and 273/08 do not survive. 13.10.08 (R.V. MORE, J.) 2