JUDGMENT :

By this First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, the appellants (original defendants) have impugned the judgment and order dated 11th March 2019 passed in Special Civil Suit No.1120 of 2016 by 4th Joint Civil Judge, Senior Division, Pune thereby decreeing the said suit partly which was filed for seeking partition and permanent injunction in respect of some of the properties. By consent of parties, First Appeal is heard finally at the admission stage. The appellants were the original defendants whereas the respondents were the original plaintiffs before the Trial Court. Some of the relevant facts for the purpose of deciding this First Appeal are as under :-

2. The suit properties are comprising of land bearing CTS No.1170/22 area 878.16 sq.meter within four boundaries towards east- CTS No.1170/21 of Mr.Chiplunkar, Joshi, towards south-road, towards west-CTS No.1170/23 of Dr.Kinikar and towards north -Government Property comprising of building namely Hira Apartment ground plus tow storied building and Ushashri building consisting of ground and two storied building except first and second floor of Hira Apartment (hereinafter referred to as “the suit properties”).

3. It was the case of the respondents (original plaintiffs) that the suit properties were the self-acquired properties of Late Shripad Pandit who was the grand father of the respondents. The suit properties were purchased in the name of Late Smt. Usha who was wife of Shripad Pandit and grand mother of the respondents. The said Shripad Pandit constructed Ushashri building in the year 1956 out of his own income. He also constructed Hira Apartment and sold the tenaments except ground floor under the provisions of Maharashtra Ownership Flats Act, 1970 to Shri Arora, Chitnis and Pandit. The appellants (original defendants) are the uncles of the respondents (original plaintiffs). The respondents were having paternal aunts namely Mrs.Pushpa, Mrs.Hema, Mrs.Leela, Mrs.Anju. Mrs.Pushpa has expired. Father of the respondents Subhash also expired in the year 1994. After the death of Subhash, mother of the respondents who was the defendant no.4 got remarried. She was however, joined as party to the suit as one of the legal heirs of Subhash. Late Shripad Pandit died intestate in the year 2006 at the age of 94 and his wife Usha Pandit predeceased him and died in the year 1999.

4. It was the case of the respondents (original plaintiffs) that the said deceased Usha Pandit and Shripad Pandit had four sons and four daughters. After demise of deceased Usha Pandit and Shripad Pandit, each son and daughter had 1/8th share therein. It was the case of the respondents that sisters of the appellant nos.1 to 3 (defendant nos.1 to 3) relinquished their undivided share in the suit property on 25th November 2006 by a registered release deed bearing No.7493/2006 and thus had no right, title and interest of any nature whatsoever in the suit property.

5. On 2nd September 2016, the respondent nos.1 to 3 filed Special Civil Suit no.1120 of 2016 in the Court of Joint Civil Judge, Senior Division, Pune for partition, separate possession of their 1/4th share in the suit property and permanent injunction and mense profit.

6. On 20th December 2016 and 5th April 2017, the appellant nos.1 and 2 filed their written statements before the Trial Court. The appellant no.3 died during the pendency of the suit. His legal heirs were accordingly brought on record who adopted written statement filed by the appellant no.1. The suit proceeded ex parte against the respondent no.4. The appellant nos.1 to 3 admitted the relation between the parties and contentions raised in paragraphs 4 to 6 of the plaint and denied the rest of the contentions of the plaint. It was further contended by the appellant nos.1 to 3 that sisters of the appellant nos.1 to 3 relinquished their right, title and interest in the suit property in favour of the appellant nos.1 to 3 and thus the respondents were not ent