IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.72 OF 2008 WITH CIVIL APPLICATION NO.191 OF 2008 Rajendra Devendra Desai )..Appellant Versus Surendra Devendra Desai & Anr. )..Respondents ---- Mr.G.M.Savagave for the appellant. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 23.4.2008. PC 1. This is an appeal filed by the original plaintiff who had filed a suit for injunction and declaration that the Gram panchayat entry in favour of the defendant was illegal. The injunction sought was against his brother who was a defendant. The plaintiff’s case was that the suit property was allotted by the government on his name. The case of the defendant however, was there was an oral partition in the year 1988 and to evidence the same, subsequently a memorandum of partition was executed in which the suit plot was allotted to his share. It was his case that though the property was originally obtained in the name of the plaintiff, it was a joint family property. It was sought to be contended that memorandum was not registered. The finding in this regard is that it was not required : 2 : to be registered as it was not a partition deed. All the findings turn on question of fact. There were concurrent findings of both the Courts. In my view, there is no substantial question of law involved. Appeal stands dismissed. CIVIL APPLICATION NO.191 OF 2008 . As the appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)