JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Heard the learned Advocates for the parties and perused the record. Rule. By consent the rule is made returnable forthwith.

2. Pursuant to the decree dated 21st September, 1979 in R.C.S. No. 76/74 declaring the shares of the parties, the matter was referred to Tahsildar for partition of the properties. Thereupon partition suggested by the Tahsildar was objected to by the plaintiff Nos. 1 to 3 and the original defendant Nos. 1 and 3 in the said suit. The said objections were overruled by the Tahsildar by an order dated 25-3-1988. Aggrieved by the said order, the plaintiff Nos. 1 to 3 and the defendant Nos. 1 and 3 preferred an appeal to S.D.O., Phaltan Sub Division, being Appeal No. 3 of 1988 which came to be allowed by an order dated 28th June, 1990. The same was challenged by the defendant No. 2 by filing second R.T.S. Appeal No. 2 of 1990 before the Additional Collector, Satara, who by order dated 30th April, 1993 dismissed the said second appeal. Thereupon the defendant No. 2 filed Revision Application No. 213 of 1993 before the Additional Commissioner, Pune, who allowed the same by order dated 30th May, 2000 and set aside the orders passed

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