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 “th