1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APPEAL NO.131 of 2010. Kundlik Fakira Suradkar and ors. ..vs.. Jalamsingh Fakira Suradkar =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.S.D.Desai Adv. for the appellants. Mr.Tushar Darda Adv. for the respt. C ORAM : C.L.Pangarkar, J. DATED : 8th April, 2010. 1. Heard the learned counsel for the appellants and the respondent. 2. This second appeal is preferred by the original defendant. 3. The respondent/plaintiff had filed a suit for partition and separate possession alleging that the suit property was, in fact, allotted to the father of the plaintiff and the defendants namely; Fakira. It was the contention of the plaintiff that after the death of Fakira, the defendants/ appellants refused to make partition of the suit property and hence he instituted a suit claiming 1/3rd share therein. 2 4. The defendants/appellants resisted the suit and contended that the plaintiff was not entitled to any share in the suit property since there was already partition of the suit property. The learned Judge of the trial court found that the property belonged to Fakira and therefore, the plaintiff has 1/3rd share in the suit property after his death. This finding was challenged before the appellate court. The appellate court confirmed the finding and dismissed the appeal. 5. The learned counsel for the appellants submits that the findings as recorded by the court below are not correct. I do not find any substance in the contention. The property belonged to the father of the plaintiff and the defendants. Upon his death the property must devolve upon the sons and the daughters. Even if there was any partition prior to the death of Fakira, that partition has no concern with the present suit because the present suit has been instituted in respect of the property which fell to the share of Fakira in the partition. Fakira has died and therefore the property, as stated earlier, must go to his heirs. Courts below have rightly considered this aspect. No substantial question of law is, in fact, involved in the appeal. The appeal is dismissed in limine. JUDGE. chute 3