(1) SA. 537.2000 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 537 OF 2000 Sangram s/o Madhav Kore died through LRs. and others .. Appellants VERSUS Lingram S/o Madhav Kore and anr. .. Respondents Mr. B.R. Kedar, Advocate h/f. Mr. K.M. Nagarkar, Advocate for the appellants Mr. S.S. Halkude, Advocate for the respondent no.1 ... CORAM : A.V. NIRGUDE, J. DATED : 29TH JANUARY, 2010 ORAL ORDER:- 1] The appellant is challenging the judgment and order passed by the lower appellate Court decreeing the suit of the respondent. The respondent had filed the suit for declaration of ownership and perpetual injunction in respect of certain lands which he claimed to be his share in the joint family property. He said that about 10-15 years back, the partition took place and he was placed in possession of the suit lands as his share. He said that the appellants and others, who happen to be his brothers, tried to interfere in his possession. The appellant was the only contesting (2) SA. 537.2000 defendant. He took up a stand that there was no partition between the brothers and suit land is the joint family property. At the trial stage, the case of the appellant was believed and the suit was dismissed whereas the first appellate Court allowed the appeal, decreeing the suit. 2] Having gone through the judgments of both the Courts below, I found that ample evidence was brought on record by the respondent no.1/plaintiff to show that the suit lands fell to his share long ago and that the partition was effected between the brothers by their father. He also proved that after the partition took place, mutation in the revenue record was effected. He then said that their father died and that they were separately cultivating their respective shares. Having proved the factum of partition, there virtually remains no question either of fact or of law between the parties. There arises no substantial question of law in this appeal and so the Appeal should fail. The Second Appeal stands dismissed. Sd/- (A.V. NIRGUDE, J.) arp