JUDGMENT :

SANJAY KAROL, J.

Leave Granted.

2. The original-defendant is the appellant herein and challenges the final judgment and order dated 31st March 2022¹[Second Appeal No. 1648 of 2005] passed by the High Court of Judicature at Bombay, Aurangabad Bench, which overturned the judgment in First Appeal²[Regular Civil Appeal No. 234 of 1995] passed by the IInd Additional District Judge, Nanded, dated 9th March 1999 which was in turn directed against the judgment in the suit for partition and separate possession³[Regular Civil Suit No. 23 of 1972] in which the present respondent was the fourth plaintiff. The suit was decreed in terms of judgment dated 20th October 1995.

3. The four plaintiffs including the present respondent had filed suit for partition and separate possession claiming to be 4/5th owners of the property of late Dajiba, being the successors-in-interest as his daughters along with Darubai, who is the wife of Dajiba. In other words, this dispute which has been ongoing for more than half-a-century is a dispute between a step-mother and daughters. The suit property is “land and two houses located at village Sapti bearing No. 42/B area 2 Acres 23 Gunthas. Bearing No. 83/B A