1. Admit, with the consent of the learned counsel for the parties heard forthwith.

2. The Appellants herein i.e. the Defendant Nos.1 to 7 are in Appeal against the Judgment and Order dated 29/4/2011 passed by the learned District Judge1, Karad. By the said Judgment and Order, the decree passed by the Trial Court for partition and separate possession has been confirmed.

3. The principal contention urged on behalf of the Appellants herein is the manner in which the Lower Appellate Court has disposed of the said Appeal.

4. The substantial question of law therefore which arises for consideration is,

“Whether the Lower Appellate Court has followed the mandate of Order XLI Rule 31 of the Code of Civil Procedure in disposing of the Appeal?”

5. The suit in question has been filed by the Respondent i.e. the original Plaintiff for partition, separate possession and for permanent injunction against the Defendants in respect of the suit properties which are described in Paragraph Nos.1, 1A and 1B of the plaint. The Plaintiff claims share in the suit properties on the ground that she is a daughter of Chandru Naru Shelke and that at present there is no other legal heir to her father Chan