: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.37 OF 2008 a/w CIVIL APPLICATION NO.118 OF 2008 Gitabai w/o. Dhondiba Gujale & Ors. ... Appellants V/s. Kisabai @ Krushnabai w/o. Natha Jadhav & anr. ... Respondents Mr.Dilip Bodake for Appellants Mr.K.B. Sonwalkar for Resp. Nos.1A to 1F Mr.Uday Warujikar for Respondent No.2 CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 18, 2010 P.C.: 1. The second appeal has been preferred against the order passed by the appellate Court on 21.9.2007. By this order the appellate Court has set aside the dismissal of the civil Suit No.85 of 1983 and has decreed the suit in the following terms: “2. a) It is hereby declared that the Plaintiff Kisabai @ Krishnabai Natha Jadhav is entitled to 1/3rd share in the suit property described in para 1 of the Plaint. b) The Collector of Satara is hereby directed to effect partition of the suit land described in para 1 of the Plain by metes and bounds through competent subordinate and to allot 1/3rd share of the same to Plaintiff by actual delivery of separate possession and effecting mutations in the record of rights. : 2 : c) The enquiry as to mesne profits of the suit property be separately held and the Plaintiff shall be entitled to recover the mesne profits of the suit land to the extent of her share from the defendants by Order 20 Rule (1)(c) of Civil Procedure Code.” 2. It is submitted on behalf of the appellant that in view of the adoption of Nivrutee in 1951 by Jijabai, he would be entitled to the whole property and that Kisabai i.e. the original respondent No.1 had no right to the suit property. The claim of Kisabai was based on the fact that she was the daughter of a predeceased son of the original owner of the land Bapu Yesu Chavan. The latter died in 1930 after which Jijabai his widow succeeded to the land alongwith his children. 3. In my view, the appellate Court has committed no error by decreeing the suit. 4. No substantial question of law is involved in the appeal. Hence, the second appeal is dismissed. 5. In view of the above, Civil application also stands dismissed.