JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed against the final judgment and order dated 09.02.2010 passed by the High Court of Judicature at Bombay Bench at Aurangabad in Second Appeal No. 875 of 2009 whereby the second appeal filed by the appellant herein was dismissed at the admission stage.

3. We herein set out the facts, in brief, to appreciate the issue involved in this appeal.

4. The appellant herein is the first defendant and respondent No. 1 herein is the plaintiff whereas respondent Nos. 2 to 8 herein are defendant Nos. 2 to 8 in the suit.

5. The dispute in the appeal arises between the members (brother and sister) of one Muslim family. It relates to landed and house properties situated at village Satara, District Aurangabad (Maharashtra) as detailed in Para 1 of the plaint (hereinafter referred to as the "suit property").

6. Respondent No. 1 is the real sister of the appellant. She filed a civil suit against the appellant and respondent Nos. 2 to 8 (proforma defendants) in the Court of IInd Jt. Civil Judge (J.D.) at Aurangabad being Civil Suit No. 120 of 1994 and prayed therein the relief of partition by meets and bounds of the suit property and, in co