JUDGMENT - H.H. KANTHARIA, J.:---The appellants here are the original defendant Nos. 1 to 4. They shall be hereinafter referred to as defendant Nos. 1, 2, 3 and 4. They challenge the judgment and decree passed by the learned Joint Civil Judge, (Senior Division), Kolhapur, on 31st July, 1975 in Special Civil Suit No. 174 of 1973, decreeing the plaintiff's suit for partition and separate possession of their shares in the suit properties along with past and future mesne profits.

2. This appeal is mainly directed against the first three respondents who were the original plaintiffs (hereinafter referred to as "plaintiff Nos. 1, 2 and 3").

3. Defendant No. 1 Ningu Vithu Bamane, is the husband of plaintiff No. 3 Gangubai Ningu Bamane. Plaintiff Nos. 1 and 2 are their sons.

4. According to the plaintiffs, defendant No. 4, Jana Ningu Bamane, is the kept mistress of defendant No. 1 Defendant Nos 2 and 3 are their sons.

5. Respondents Nos. 4 to 10 who were defendant Nos. 5 to 11 were made formal parties as they are co-sharers in the immoveable properties involved in the suit. The defendants did not contest the suit and were proceeded against ex parte. They are not even participants in this appeal

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