S.T. Kharche, J.

1. 1. The original plaintiff Malanbee wd/o Sheikh Gafoor by invoking the jurisdiction of this Court under Section 100 of the Code of Civil Procedure has filed this appeal challenging the judgment and decree dated 28-3-1990 passed by the Additional District Judge in Regular Civil Appeal No. 124 of 1985, whereby the appeal was dismissed and the judgment and decree passed by the trial Court on 31-1-1985 declaring that the plaintiff is entitled to 7/8th share in the field property mentioned therein and directing partition through the Collector in view of Order 20, Rule 18 read with Section 54 of the Code of Civil Procedure is set aside and the appellate Court dismissed the regular civil suit filed by the plaintiff seeking share in the connected Survey No. 158/1, admeasuring 4 acres 31 gunthas after the amendment in the plaint.

.2. This litigation has a chequered history. One Sheikh Sardar had executed a Will dated 2-2-1916 bequeathing his property

.to his three daughters before his death. Sheikh Sardar died on 4th April, 1928. He had two wives, namely Hayatbi, who predeceased him and Bunabai. Sheikh Sardar died on 4-4-1928 leaving behind him his widow Bunabai a