The present second appeal arises out of the final judgment and order passed by the Additional Civil Judge, Junior Division, Pune at Pune in Regular Civil Suit No.2382 of 1983 and final Judgment and order passed by the Additional District Judge, Pune at Pune in Civil Appeal No.499 of 1997 on 6th March, 1999. The present Appellant is defendant No.2 in Regular Civil Suit No.2382 of 1983. The present Respondent Nos.1 to 3 are original plaintiffs in R.C.S. No.2382/83. The Respondent No.4 in the present appeal was Defendant No.1 before the Jt. C.J.J.D., Pune at Pune. The present Respondent Nos.5, 6 and 7 are original Defendant Nos. 3 to 5.

2. The present Respondent Nos.1 to 3/original Plaintiffs tiled R.C.S.No.2382/83 for partition and separate possession of the Plaintiffs 1/4th share in the suit house and the suit flour mill. The said suit was contested by some of the Defendants by claiming that there was previous partition by metes and bounds.

FACTUAL MATRIX

3. One Mahadeo Zodge had four sons by name Balkrishna. Dnyeshwar, Suresh and Chandrakan1. He died in 1961 leaving behind him his wife Shevantabai and these four sons. Balkrishna died on 7.10.1976 leaving behind his wife