DESAI RANJANA, J.

( 1 ) RULE. By consent of the parties taken up for hearing forthwith.

( 2 ) RESPONDENT 1 filed R. C. S. No. 7/94 in the Court of C. J. J. D. Ajra against one ramchandra Undage original defendant 1, kondubai Undage, original defendant 2, vishnu Undage original defendant 3, and the petitioner herein for partition and separate possession of his share claiming that the suit properties are ancestral properties and he has one fourth share therein. For the sake of convenience parties are referred to in this judgment as per their status in the trial Court.

( 3 ) AT the trial defendant 3 remained absent. The suit proceeded ex parte against him. Defendants 1 and 2 filed their written statement. It appears that during the pendency of the suit defendant 2 died and in her place defendants 2 (1) and 2 (2) were brought on record.

( 4 ) ON 29-4-2000 the suit was partly decreed. It was declared that the plaintiff, defendant 1, defendant 3 are having 6/20th share each and defendant 2 (1) and 2 (2) are having 1/20th share each in the suit properties. It was directed that partition of landed properties be effected by metes and bounds through the Collector of the district as p