1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No. 288 of 2006 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri R.K.Ashtekar, Advocate, for the appellants. 1. This is a second appeal filed by original plaintiff, who had filed suit for partition and separate possession in respect of the properties,including those properties which were sold by original Defendant No. 1 to Defendant Nos. 5 and 6. 2. Defendants-purchasers have come with a case that the properties were sold to them by Defendant No. 1 as Karta of his family, for legal necessity. So far as plaintiff and 2 Defendant No. 6 are concerned, they have compromised the matter vide Exhibit 35 and as per the compromise terms, the land sold under sale deed to Defendant No. 6 was allowed to be retained by him and the land which was agreed to be sold but was not sold, was to be retained by the plaintiff. Discussion to that effect is in paragraph 6 of the judgment of the trial court. 3. So far as sale in favour of defendant No. 5 is concerned, there is evidence of defendant no. 5 himself and witness Pralhad Lokhande to the effect that the sale in favour of defendant No. 5 was for raising money for marriage expenses of daughter of defendant No.1. It is also said that the amount was actually utilized for said marriage. The first appellate court discussed this aspect in paragraph 9 of its judgment. The trial court also discussed the same and both the 3 courts concurrently held that the sale was for raising money for meeting marriage expenses of daughter of defendant No.1. 4. After going through the evidence and considering the submissions made by learned counsel for the appellants, in my opinion, the view taken by both the courts is reasonable. There are concurrent findings of fact. 5. No substantial question of law arises in this second appeal. Second appeal is, therefore, dismissed at the admission stage itself. Date:08/07/2009 (P.R.BORKAR, J.) pnd/sa288.06