JUDGMENT

Faizan Uddin, J.-This appeal by the plaintiffs has been directed against the judgment of the High Court of Bombay affirming the judgment and decree passed by the first appellate Court reversing the judgment and decree passed by the Trial Court whereby the plaintiff s suit for partition and separate possession of their 2/3rd share was decreed.

2. The appellant Shantinath Ramu Danole and his mother Housabai (since deceased) filed the suit against the defendant-respondent for separate possession of their 2/3rd share in the suit property by partition. The plaintiff No.1 Shantinath Ramu Danole claimed to be the son of deceased Ramubabu Danole and plaintiff No.2 (mother of plaintiff No. 1) deceased Housabai claimed to be his widow. The defendant-respondent is the son of deceased Ramubabu from his first wife Rajubai. The plaintiffs pleaded that the suit properties were ancestral properties of deceased Ramubabu Danole who died on December 20, 1973, his first wife having died earlier when the defendant-respondent was aged about one year only. After the death of his first wife Rajubai, deceased Ramubabu Danole married Smt. Housabai, the mother of the appellant about 35 to 40 years ago