( 1 ) THE plaintiff-respondents who are the widow and two children of Hanamanthappa, brother of the defendant-appellant Shri B. R. Patel filed a suit for partition. It was alleged that the suit property was Hindu joint family property and her husband had a right in the property by birth. Suit was dismissed by the trial court. In appeal the judgment and decree of the trial court was reversed and it was held that the plaintiff-respondents were entitled to the partition and consequently separate possession of the property falling to their share.

( 2 ) THE High Court by the impugned order has dismissed the appeal. The High Court agreed with the view taken by the first appellate court and held that a substantial question of law did not arise in the appeal. The findings recorded by the first appellate court were based on appreciation of evidence which could not be interfered with by the High Court in the second appeal.

( 3 ) WE have gone through the impugned order of the High Court as well as the first appellate court. We agree with the view taken by the High Court that the findings recorded by the first appellate court were based on appreciation of evidence which did not call for interference in the second appeal. The High Court has, thus, rightly dismissed the second appeal. The civil appeal is dismissed with no order as to costs.