1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Second Appeal No. 431 of 2008. Milind S/o Vishweshwarrao Ingle. Vs. Gulabrao S/o Jaganathji Umak & others. Second Appeal No.430 of 2008. Milind S/o Visheshwarrao Ingle. Vs Radhabai W/o Sitaramji Umak (dead) through LR Hanbumant. Second Appeal No.422 of 2008. Milind Vishweshwarrao Ingle vs. Gulabrao S/o Jagannathji Umak & one other. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri B. B. Mehadia, Advocate for the appellant. Shri R.R. Vyas, Advocate for the R-1 & 2. Shri J. R. Kidilay Advocate for R-2A Mrs. Anjali Joshi Advocate for R.1 in SA/422/08. Mrs. Anjali Joshi Advocate for R.6 in SA/430/08. Coram : A.H. Joshi, J. Dated : 11th June, 2009. 1. These are the second appeals by unsuccessful defendants. 2. The plaintiff had filed a suit for partition and had challenged the alienations by the defendants. 3. The core submission based on defence of 2 defendants, is on the point of existence of Hindu undivided family comprising of the plaintiff Gulabrao Umak and wives of Sitaram Umak namely Radhabai and Manjulabai. The submission advanced is that there cannot be Hindu undivided family of nephew and uncle or wives of uncle. 4. Learned Advocate for the appellant has admitted that the plaintiff is the son of Jagannath and Radhabai and Manjulabai are the wives of defendant Sitaram Umak. Jagannath and Sitaram and three others brothers all are sons of late Krishnaji i.e. they are descendants of common ancestor. 5. The submissions that there cannot be Hindu divided family of uncle and nephew is strange and untenable submission in absence of the admitted fact that there was a partition between the real brothers through whom the parties claim. 6. Story of prior partition is admitted by the plaintiff. 7. The submission of there being no Hindu divided family is, therefore, totally based on 3 imagination and does not have any legal factual foundation whatsoever. 8. No substantial question of law is involved. Appeals have no merit, and are dismissed. JUDGE /Muley/