(1) SA. 532.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 532 OF 2009 Ashru Nathu Gore died through LRs. and others .. Appellants VERSUS Bhagubai Dashrath Gore and others .. Respondents AND CIVIL APPLICATION NO. 6099 OF 2004 IN SECOND APPEAL NO. 532 OF 2009 Ashru Nathu Gore died through LRs. and others .. Applicants VERSUS Bhagubai Dashrath Gore and others .. Respondents Mr. H.D. Deshmukh, Advocate for the appellants/applicants Mr. N.J. Pahune Patil, Advocate for respondent no.2 Appeal stands dismissed against respondent no.1 as per Court's order dated 12.2.2009 CORAM : A.V. NIRGUDE, J. DATED : 6TH JANUARY, 2010 ORAL ORDER:- 1] This appeal is filed against the concurrent findings recorded by the Courts below while rejecting the appellants' defence in the suit filed by the respondents for partition and possession. The original defendant no.1 Ashru and Dashrath, the deceased husband of the plaintiff were brothers. Long after Dashrath's death, wife of Dashrath filed (2) SA. 532.2009 the suit for partition of certain agricultural land. It was her case that the land was ancestral property belonging to both the defendant no.1 and her husband Dashrath. Defendant no.1 opposed the suit and took up a specific stand that the land in question came to his share in the partition that took place in the year 1972. He also placed reliance on the deed of partition which was executed between the parties in presence of certain witnesses. The second line of defence was that Dashrath had divorced the plaintiff long before his death. Both these defences were rejected by the Courts below recording cogent reasons. 2] I went through the judgments below and found that the defendant no.1 really could not prove his case on both the counts and the Courts below committed no error in rejecting his case. I do not see any substantial question of law involved in this appeal. The Second Appeal should, therefore fail. The Second Appeal stands dismissed. Consequently, Civil Application no. 6099 of 2004, seeking stay does not survive and stands dismissed. Sd/- (A.V. NIRGUDE, J.) arp