1. By this appeal filed under section 100 of the Code of Civil Procedure, 1908, the appellant (original defendant) has impugned the judgment and decree dated 9th January, 2013 passed by the learned District Judge – 5, Pune, allowing the appeal (Civil Appeal No. 102 of 2007) filed by the respondents (original plaintiffs) and setting aside the judgment and decree passed by the learned Second Joint Civil Judge, Senior Division, Pune in Special Civil Suit No. 113 of 1994 dated 20th November, 2006 and partly allowing the said suit.

2. The learned District Judge – 5, Pune directed the appellant (original defendant) to deliver possession of 4 Khan premises situated at second floor, CTS No. 212, Nana Peth, Pune to the original plaintiffs on or before 15th April, 2015 and directed the defendant to deliver the symbolic possession of the share of Godubai to the extent of half share.

3. The first appellate Court also declared that the plaintiffs had acquired the right, title and interest in the suit property in pursuance of the Will Deed dated 13rd October, 1935 executed by Shankar Daji Tisgaonkar to the extent of half share and the right of Godubai. The first appellate Court declared