JUDGMENT

Dharmadhikari, J.-The present appellants were defendants before the Trial Court in suit for partition instituted in the Court of Civil Judge, Jr. Division, Kagal, District Kolhapur in the State of Maharashtra. The suit filed by the deceased plaintiff [now represented by his legal representatives impleaded as respondents herein] for partition of the erstwhile Watan or Inam lands of his family was dismissed by the trial court. The First Appellate Court by judgment of reversal decreed the suit of the plaintiff and it has been confirmed by the High Court in second appeal recognising the plaintiffs right of partition of the suit lands to the extent of 1/3 share. The preliminary decree has been framed for passing a final decree and grant of separate possession.

2. Learned counsel appearing for the defendants, assails the decree of partition granted to the plaintiff/respondent but does not dispute the legal position settled by the two Judges Bench decision of this Court in the case of Kalgonda Babgonda Patil vs. Balgonda Kalgonda Patil etc. etc. [AIR 1989 SC 1042] and three Judges Bench decision of this Court in the case of Annasaheb Bapusaheb Patil vs. Balwant [1995 (2) SCC 543].