1. The appellants in Second Appeal No.291 of 1995 are the original defendant Nos.1 and 2 in Regular Civil Suit No.407 of 1986 filed by the respondent Tanabai, claiming a declaration that she is the owner of half portion of the suit property, being the daughter of one Vithoba Nimbarte, who was the owner. The Trial Court, by its judgment and order dated 31-12-2001, has partly decreed the said suit and the declaration is granted that the plaintiff is the owner of 1/3rd share in the suit property. Accordingly, a decree for partition of the suit property has been passed and an enquiry into mesne profit has been ordered.

2. In Regular Civil Appeal No.26 of 1992, the learned 2nd Additional District Judge, Bhandara, has modified the decree on 23-12-1994 by granting a declaration that the plaintiff is entitled to 1/4th share in the suit property, and accordingly a decree for partition and separate possession was maintained along with enquiry into mesne profit under Order XX, Rule 12 of the Civil Procedure Code. Hence, this second appeal by the original defendants.

3. The appellants in Second Appeal No.270 of 1995 are the original plaintiffs in Regular Civil Suit No.279 of 1986 fil